Burkhalter v. Mitchell
Mississippi Supreme Court
Appeal from the circuit court of Tallahatchie county.. Hon. N. A. Taylor,'Judge. Suit of replevin by Mitchell and McLendon against W.. A. Burkhalter. From a judgment for plaintiffs, defendant appeals. The facts are fully stated in the opinion of the court.. The testimony of every witness in the case conclusively shows that at the time Mitchell, appellee, attempted to retain title to the mule, he had no title.
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Appeal from the circuit court of Tallahatchie county.. Hon. N. A. Taylor,'Judge. Suit of replevin by Mitchell and McLendon against W.. A. Burkhalter. From a judgment for plaintiffs, defendant appeals. The facts are fully stated in the opinion of the court.. The testimony of every witness in the case conclusively shows that at the time Mitchell, appellee, attempted to retain title to the mule, he had no title. The-testimony further shows conclusively that up to the day of trial, Mitchell had never, by purchase or otherwise, acquired any sort of title to the mule. The- plaintiff Mitchell…
1Opinion of the CourtCook, J.
This is an action of replevin instituted by appellees against appellant to recover possession of a mule. There was a verdict and judgment for plaintiffs in replevin, and defendant appeals.
On the 7th day of February, 1908, appellant, W. A. Burkhalter, who was a customer of Mitchell & McLendon, merchants doing business at Enid, applied to them for money with which to purchase a mule, stating the price at which one could be obtained from his cousin, Pleas Burkhalter; Mitchell, acting for the firm, agreed to let him have one hundred twenty dollars with which to purchase the mule, and prepared and…
2Cases cited1 opinion
- Thomas v. Yazoo CityMississippi Supreme Court · 1909
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- Mid-Continent Finance Corp. v. GrantMississippi Supreme Court · 1952
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