Polle v. Rouse
Mississippi Supreme Court
From the circuit court of Bolivar county. Hon. R. W. Williamson, Judge. Replevin by the appellee, Rouse, for a boiler, engine and other machinery sold to one Kuhn, with a retention of title until payment of the purchase money. The opinion states the facts of the case. Judgment for plaintiff in replevin, and appeal by defendant.
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From the circuit court of Bolivar county. Hon. R. W. Williamson, Judge. Replevin by the appellee, Rouse, for a boiler, engine and other machinery sold to one Kuhn, with a retention of title until payment of the purchase money. The opinion states the facts of the case. Judgment for plaintiff in replevin, and appeal by defendant. The machinery, being necessary for the improvement of the place, became a fixture, unless, by agreement of all the parties in interest, including the Equitable Mortgage Co., it was to remain a chattel. Neither Polle nor the Equitable Mortgage Co. knew of the contract…
1Opinion of the CourtCooper, C. J.
In May, 1892, one B. Ruttenburg, the owner of certain lands, executed a deed of trust thereon to secure to the Equitable Mortgage Company the payment of certain notes, amounting, in the aggregate, to about the sum of nine hundred dollars. The deed contained a stipulation that ‘ ‘ all machinery now upon, or which may be hereafter put upon said premises, whether attached or detached,” should be covered by its provisions: This deed was recorded in the proper office, on June 11, 1892. Ruttenburg died prior to December 20, 1893, on which day his heirs at law leased the lands to one Kuhn, for the…
2Cases cited2 opinions
- Bonner v. LessleyMississippi Supreme Court · 1883
- Jones v. ShermanMississippi Supreme Court · 1879
3Cited by2 opinions
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