Williams v. Simpson
Mississippi Supreme Court
From the circuit court of .Bolivar county. Hon. B. W. Williamson, Judge. Action of unlawful detainer by Simpson against Williams for the possession of certain land in Bolivar county, Mississippi.
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From the circuit court of .Bolivar county. Hon. B. W. Williamson, Judge. Action of unlawful detainer by Simpson against Williams for the possession of certain land in Bolivar county, Mississippi. Simpson was a merchant at Duncan, in said county, and, as such, furnished Williams money and merchandise during the years 1888 and 1889. On February 17, 1889, he owed Simpson’ a balance on account of the dealings for the former year, and gave a trust-deed on the laud in controversy to secure this, together with certain advances to be made during the year 1890. As a part of the amount for which the…
1Opinion of the CourtWoods, J.
The precise question is, may a defendant in an action of forcible entry and unlawful detainer show—
1. That the conveyance through which the plaintiff seeks to show his right to possession is made by a trustee in a trust-deed executed by the defendant theretofore, to secure a debt due by defendant to plaintiff', and contracted in the course of dealings between them as merchant and customer.
*1162. That at the time the debt, so secured by said trust-deed, was contracted, the plaintiff was a merchant who had failed to pay his privilege tax as such.
8. That at the trustee’s sale, in an effort to secure…
2Cited by6 opinions
- Ingersoll v. Coal Creek Coal Co.Tennessee Supreme Court · 1906
- Lowenburg v. KleinMississippi Supreme Court · 1921
- Woodson v. HopkinsMississippi Supreme Court · 1904
- Home Mutual Building & Loan Ass'n v. LeonardMississippi Supreme Court · 1899
- Crum v. Carrington Shoe Co.Mississippi Supreme Court · 1894
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