Marx v. Davis
Mississippi Supreme Court
Appeal from the Chancery Court of Copiah County. Hon. E. Gr. PeytoN, Chancellor. Zias D. Davis, trustee in a deed of trust executed by Samuel Jackson upon certain described animals, and “ all other live stock that he may own during the year,” with power to take and sell the property and pay a debt owed by Jackson to B. F. Martin, filed this bill against Jackson and Moses Marx, alleging that the latter had possession of two animals, one of which, a mule, was included in the…
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Appeal from the Chancery Court of Copiah County. Hon. E. Gr. PeytoN, Chancellor. Zias D. Davis, trustee in a deed of trust executed by Samuel Jackson upon certain described animals, and “ all other live stock that he may own during the year,” with power to take and sell the property and pay a debt owed by Jackson to B. F. Martin, filed this bill against Jackson and Moses Marx, alleging that the latter had possession of two animals, one of which, a mule, was included in the original deed, and the other, a strawberry-roan horse, had been by Marx traded to Jackson for a bay horse, which Jackson…
1Opinion of the CourtChalmers, J.
It is objected in this court, for the first time, that the legal title to the animals in controversy was in the trustee after condition broken, and that, inasmuch as he could have maintained trover or replevin, he is debarred from filing his bill for foreclosure. i
Only one of the animals here involved was embraced in the trust-deed, the other having been procured by the debtor in exchange for a different animal, which was originally owned by him and was embraced. In order to reach the substituted animal, therefore, it was necessary to go into equity. Apart from this, however, the fact that a…
2Cases cited3 opinions
- Jones v. HenryCourt of Appeals of Kentucky · 1823
- Davis v. MarxMississippi Supreme Court · 1877
- Thompson v. HouzeMississippi Supreme Court · 1873
3Cited by3 opinions
- Howell v. WalkerSupreme Court of Arkansas · 1914
- Forepaugh v. PryorSupreme Court of Minnesota · 1882
- Rodes v. HaynesTennessee Supreme Court · 1895