Dreyfus v. Cage
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. The ease is stated in the opinion of the court. 1. A grantor in a trust-deed cannot maintain replevin against the trustee in -possession, after condition broken, because he has neither the title nor any right of possession. Code 1880, § 1204; Jones on. Chattel Mortgages, §§ 434, 435, 436. He has the equity of redemption, and his remedy is a bill to redeem. Holmes v. Bell, 3 Cush.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. The ease is stated in the opinion of the court. 1. A grantor in a trust-deed cannot maintain replevin against the trustee in -possession, after condition broken, because he has neither the title nor any right of possession. Code 1880, § 1204; Jones on. Chattel Mortgages, §§ 434, 435, 436. He has the equity of redemption, and his remedy is a bill to redeem. Holmes v. Bell, 3 Cush. (Mass.) 322; Brown v. Bement, 8 Johns. (N. Y.) 96; Bur-dick v. McVannes, 2 Den. (N. Y.) 170 ; Heyland v; Badger, 35 Cal. 404 ; Wells on…
1Opinion of the CourtCooper, C. J.
This is an action of replevin instituted by the appellee to recover the possession of certain property, and damages for its unlawful taking and detention. The defendants to the suit are J. W. Brit-ton, trustee in a* deed of trust executed by the appellee on the 29th day of March, 1884, and the firm of Dreyfus & Ascher, beneficiaries therein. The defendants executed bond' for the forthcoming of the property to abide the result of the suit, and the trustee then proceeded under the power of sale conferred in the deed to sell the property. By this sale twenty-three dollars and thirty cents in…
2Cases cited1 opinion
- Bates v. SniderMississippi Supreme Court · 1882
3Cited by2 opinions
- Cox v. MartinMississippi Supreme Court · 1897
- McKean v. John Mathews Apparatus Co.Mississippi Supreme Court · 1896