Joseph L. Moyse & Bro. v. Louis Cohn & Bro.
Mississippi Supreme Court
From the chancery court of Lincoln county. Hon. Henry C. Conn, Chancellor. Cohn & Brothers, appellees, were the complainants in the court below; appellants, Moyse & Brother and others, were defendants there. Cohn & Brothers, resident citizens of Lincoln county, were the owners of a debt due from Cicero Boyd, a resident citizen of Lawrence county, which debt was secured by a deed of trust on personal property and crops located in Lawrence county.
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From the chancery court of Lincoln county. Hon. Henry C. Conn, Chancellor. Cohn & Brothers, appellees, were the complainants in the court below; appellants, Moyse & Brother and others, were defendants there. Cohn & Brothers, resident citizens of Lincoln county, were the owners of a debt due from Cicero Boyd, a resident citizen of Lawrence county, which debt was secured by a deed of trust on personal property and crops located in Lawrence county. The trustee in the deed of trust was a resident citizen of Lincoln county. The appellants, Moyse & Brother, were resident citizens of Pike county.…
1Opinion of the CourtWhitfield, J.
Hill v. Boyland, 40 Miss., 618, and Harlow v. Mister, 64 Miss., 25, are decisive that the trustee is a necessary party. The very argument ingeniously pressed by learned counsel for appellant here was made and disallowed in Harlow v. Mister. There is no merit in the other contentions.
Affirmed.
2Cases cited2 opinions
- Hill v. BoylandMississippi Supreme Court · 1866
- Harlow v. MisterMississippi Supreme Court · 1886