Butler v. Lee
Mississippi Supreme Court
Error to tbe Circuit Court of Monroe County. Hon. J. A. G-rbeN, Judge. From tbe agreed transcript it appears tbat an execution on a judgment of a justice of the peace, rendered March 24,1875, in favor of B. M. Terrell & Co., for tbe use of B. M. Terrell, against Barbour Quarles, was, on April 9, 1875, levied on a mule, which the sheriff valued at $100. James H. Butler, the beneficiary in a deed of trust wherein John A. Stevenson was trustee, executed in November, 1874, on…
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Error to tbe Circuit Court of Monroe County. Hon. J. A. G-rbeN, Judge. From tbe agreed transcript it appears tbat an execution on a judgment of a justice of the peace, rendered March 24,1875, in favor of B. M. Terrell & Co., for tbe use of B. M. Terrell, against Barbour Quarles, was, on April 9, 1875, levied on a mule, which the sheriff valued at $100. James H. Butler, the beneficiary in a deed of trust wherein John A. Stevenson was trustee, executed in November, 1874, on the mule, by Barbour Quarles, and recorded in December, 1874, made oath, gave bond with E. E. Stout as surety, and claimed…
1Opinion of the Court
Campbell, J.,
delivered the ppinion of the court.
If the condition of the deed of trust had been broken when the claim of the trustee to the mule was interposed, the issue should have been determined in favor of the claimant; otherwise, not. Before sale under a mortgage or deed of trust, the mortgagor or grantor is deemed the owner of the legal title of the property conveyed, except as against the mortgagee or trustee, after the breach of the condition of such mortgage or deed of trust. Code, § 2295.
After breach of the condition, the mortgagee or trustee is entitled to the possession of the…
2Cases cited1 opinion
- Byrd v. ClarkeMississippi Supreme Court · 1876
3Cited by4 opinions
- Helm v. GrayMississippi Supreme Court · 1881
- Trice v. WalkerMississippi Supreme Court · 1894
- Reid v. HalpinMississippi Supreme Court · 1939
- Reynolds v. CarterMississippi Supreme Court · 1915