Walker v. Marseilles
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Lock E. Houston, Judge. This is an action of replevin, begun in the justice court, to recover a mare, two colts and several head of cattle. The mare and colts are admitted to be the offspring of a mare owned, in 1882, by one Bransford. Iris Walker claims to have purchased this mare from Bransford in 1883, the trade being verbal and On a credit.
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From the circuit court of Monroe county. Hon. Lock E. Houston, Judge. This is an action of replevin, begun in the justice court, to recover a mare, two colts and several head of cattle. The mare and colts are admitted to be the offspring of a mare owned, in 1882, by one Bransford. Iris Walker claims to have purchased this mare from Bransford in 1883, the trade being verbal and On a credit. Bransford testified that the sale was made to Iris, but that he afterwards took a note of Ike Walker, her husband, for the agreed price, because he was the head of the family, and owned the farm on which…
1Opinion of the CourtCooper, J.
It whs error to exclude the testimony of Dr. J. C. Word to the effect that Ike Walker, under whom the defendant claims, declared in his life-time that the horses in controversy were not his property, but belonged to the appellant. Brown v. McGraw, 12 S. & M., 267; Graham v. Busby, 34 Miss., 272.
The second instruction for the defendant should have been refused. The transfer of the cattle from Ike Walker to his wife was long anterior to the operation of the code of 1880, in which, for the first time, the provision declaring the invalidity of unrecorded transfers from the husband to the wife…
2Cases cited1 opinion
- Graham v. BusbyMississippi Supreme Court · 1857
3Cited by3 opinions
- Dorsett v. BreithauptMississippi Supreme Court · 1923
- Fox v. TyroneMississippi Supreme Court · 1913
- Davis v. WilliamsMississippi Supreme Court · 1896