Munn v. Potter
Mississippi Supreme Court
Appeal from the circuit court of Newton county. Hon. C. L. Dobbs, Judge. Replevin by M. R. Potter, Trustee, against L. Munn. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
1Opinion of the CourtSmith, C. J.
This is an appeal from a judgment in an action of replevin, awarding appellee, trustee in a deed of trust executed by appellant, the possession of two mules covered by the deed of trust.
On the trial the court below erroneously excluded evidence offered by appellant to prove that the debt, to secure which the deed of trust was given, had been paid, and that the deed of trust was executed by appellant *181pursuant to a promise by the beneficiaries therein not to prosecute him for having obtained from them under false pretenses goods of the value of four hundred dollars. If the deed of trust has…
2Cases cited1 opinion
- Bennett v. HollowayMississippi Supreme Court · 1877
3Cited by8 opinions
- Bell v. SmithMississippi Supreme Court · 1929
- Carruth v. EasterlingMississippi Supreme Court · 1963
- Robinson v. Friendly Finance Co. of Biloxi, Inc.Mississippi Supreme Court · 1961
- Allen v. T. J. Moss Tie Co.Mississippi Supreme Court · 1930
- Commercial Credit Co. v. NewmanMississippi Supreme Court · 1940
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