Tufts v. Stone
Mississippi Supreme Court
From the circuit court of Lauderdale county. IIon. S. H. Terral, Judge. Replevin by James ~W. Tufts to recover a soda-fountain and apparatus, distrained for rent by Mrs. H. A. Stone as the property of Martz Bros.
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From the circuit court of Lauderdale county. IIon. S. H. Terral, Judge. Replevin by James ~W. Tufts to recover a soda-fountain and apparatus, distrained for rent by Mrs. H. A. Stone as the property of Martz Bros. The case was tried by the court without a jury, on an agreed statement of facts, the material parts of which are as follows : In March, 1890, plaintiff, Tufts, sold the soda-fountain and apparatus to C. E. Martz, then engaged in business in Lincoln county, Mississippi, the price being $800, to be paid in twenty-five monthly installments of $32 each. The contract was in writing,…
1Opinion of the CourtWoods, J.
Was the title to the property in controversy in the appellant, and possession and use in Martz ? Or had Martz such title as would have authorized its mortgage by him, in any event ? Can it be said that, under the recorded contract made by him, he may be regarded as substantially a mortgagor in possession ?
The case is freed from doubt as to the proper answers to these inquiries, if, refusing to stick in the letter, we look through mere forms, and ascertain what the intent of Tufts and Martz was when the contract was entered into. It is certain that Martz, by his purchase, was to secure the…
2Cited by11 opinions
- Cutting v. WhittemoreSupreme Court of New Hampshire · 1903
- Bankston v. HillMississippi Supreme Court · 1924
- Yellow Mfg. Acceptance Corp. v. American Oil Co.Mississippi Supreme Court · 1941
- Crump v. HillCourt of Appeals for the Fifth Circuit · 1939
- In re CaverDistrict Court, S.D. Mississippi · 1930
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