Elder v. Jones
Mississippi Supreme Court
Appeal from the circuit court of Union county. IioN. H. K. Mahon, Judge. Suit by B. G. Jones against B. B. Elder and others. From a judgment for plaintiff, defendant appeals. The appellee was plaintiff in the court below and appellant was defendant. Suit was begun in replevin to recover possession of certain mules alleged to be wrongfully withheld from the possession of the plaintiff.
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Appeal from the circuit court of Union county. IioN. H. K. Mahon, Judge. Suit by B. G. Jones against B. B. Elder and others. From a judgment for plaintiff, defendant appeals. The appellee was plaintiff in the court below and appellant was defendant. Suit was begun in replevin to recover possession of certain mules alleged to be wrongfully withheld from the possession of the plaintiff. In addition to the facts set out in the opinion, it appears that the plaintiff had taken up a note of defendants due the Bank of Ecru, and there is testimony in the record to show that the lien held by the Bank…
1Opinion of the CourtCook, J.
One of the questions presented by this record, so far as we have been able to ascertain, has never been decided by this court.
B. R. Elder, appellant, conveyed to H. D. King and his assigns two mules, to secure to said King an indebtedness of three hundred and fifty dollars. The instrument, of conveyance provided that, in case the above-mentioned indebtedness was not paid at its maturity, “then the' said party of the second part (King) or any person authorized by him, is hereby authorized and empowered by said party of the first part (Elder) to seize upon and take into his possession all the…
2Cases cited3 opinions
- Buck v. PayneMississippi Supreme Court · 1876
- Clark v. WilsonMississippi Supreme Court · 1876
- Hill v. RobertsonCourt of Appeals of Mississippi · 1852
3Cited by5 opinions
- Anderson v. KimbroughCourt of Appeals of Mississippi · 1999
- Wirtz v. GordonMississippi Supreme Court · 1938
- Clayton Hinton v. Nate RolisonMississippi Supreme Court · 2015
- Clayton Hinton v. Nate RolisonMississippi Supreme Court · 2015
- Darrell L. SmithUnited States Bankruptcy Court, N.D. Mississippi · 2020