Klaus v. Moore
Mississippi Supreme Court
Feom tbe circuit court of Lowndes county. HoN. Eugeke O. Sykes, Judge. Klaus, the appellant, was plaintiff in the court below; Moore, the appellee, was defendant there. The action was replevin for personal property. The facts are sufficiently stated in the opinion of the court. The lien of Mrs. Harris and her assignee, Moore, was barred by the statute of limitations of six years.
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Feom tbe circuit court of Lowndes county. HoN. Eugeke O. Sykes, Judge. Klaus, the appellant, was plaintiff in the court below; Moore, the appellee, was defendant there. The action was replevin for personal property. The facts are sufficiently stated in the opinion of the court. The lien of Mrs. Harris and her assignee, Moore, was barred by the statute of limitations of six years. The assertion of Moore’s claim, and the sale by the trustee, was not until April 21, 1889, more than six years. Section 2462, code 1892, provides that as to Klaus this deed of Mrs. Harris had lost its vitality; it…
1Opinion of the CourtCalhooN, J.
On February 5, 1892, Spencer Williams delivered his promissory note of that date, payable to Mrs. Henrietta Harris on January 1, 1893, and secured its payment by a conveyance in trust of the property involved in this litigation, 'which was duly recorded.
' Spencer Williams died in September, 1898.' On January 12, 1899, Mrs. Harris assigned the note to E. T. Moore, the appellee, who bought the propérty at trustee’s sale made under that trust conveyance April 21st, 1899, and took possession.
In opposition to this title, Klaus shows that he is trustee under a conveyance of the same property to him…
2Cited by4 opinions
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- Bank of Lexington v. CooperMississippi Supreme Court · 1917