Legal Opinion

Wasson v. Connor

Mississippi Supreme Court

Decided April 15, 1877PublishedCited by 30 opinions

Error to the Circuit Court of Attala County. Hon. W. Cothran, Judge. This was a claimant’s issue to try the right of property in certain cotton, levied on under an execution emanating from a judgment in favor of D. C. Wasson, administrator, against M. A. Hines. T. O. Connor, the claimant, was trustee in a deed of trust, prior in date to the levy of the execution. The judgment had not been recorded.

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Error to the Circuit Court of Attala County. Hon. W. Cothran, Judge. This was a claimant’s issue to try the right of property in certain cotton, levied on under an execution emanating from a judgment in favor of D. C. Wasson, administrator, against M. A. Hines. T. O. Connor, the claimant, was trustee in a deed of trust, prior in date to the levy of the execution. The judgment had not been recorded. When the trust-deed was offered in evidence by the claimant, the plaintiff objected to it on two grounds: first, that the description of the property conveyed was insufficient; and, second, that it…

1Opinion of the CourtChalmeks, J.

The objection made to the trust-deed as being void for uncertainty is not well taken. By its terms the grantor conveys “ his entire crop of cotton, corn, peas and wheat grown by him during the present year.” It was competent to show by parol that the cotton levied on was of the crop grown by the grantor during the year, and therefore embraced in the trust-deed.

The deed of trust was made by Hines to Thomas 0. Connor, for the use and benefit of S. M. Davis and W. V. Davis. It was acknowledged before W. Y. Davis, who was the chancery clerk of the county, and by him recorded ; and it is admitted…

2Cases cited3 opinions

  1. Groesbeck v. SeeleyMichigan Supreme Court · 1865
  2. Johnston ex rel. Smith v. WallaceMississippi Supreme Court · 1876
  3. Beaman v. WhitneySupreme Judicial Court of Maine · 1841

3Cited by30 opinions

  1. Lee v. MurphyCalifornia Supreme Court · 1897
  2. Horbach v. TyrrellNebraska Supreme Court · 1896
  3. Davis v. BeazleySupreme Court of Virginia · 1881
  4. Ogden Building & Loan Ass'n v. MenschIllinois Supreme Court · 1902
  5. Ardmore Nat. Bank v. Briggs MacHinery & Supply Co.Supreme Court of Oklahoma · 1908

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