Payne v. Parker
Mississippi Supreme Court
From the circuit court of Lee county. Hon. Eugene O. Sykes, Judge. Payne, appellee, was plaintiff in the court below; Parker, trustee, appellant, was defendant there. From a judgment-predicated of a peremptory instruction in plaintiff’s favor defendant appealed to the supreme court. Parker, the appellant, was trustee in a deed of trust executed by one James Little for the benefit of Thompson & Son, the deed of trust conveying two mules and a mare.
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From the circuit court of Lee county. Hon. Eugene O. Sykes, Judge. Payne, appellee, was plaintiff in the court below; Parker, trustee, appellant, was defendant there. From a judgment-predicated of a peremptory instruction in plaintiff’s favor defendant appealed to the supreme court. Parker, the appellant, was trustee in a deed of trust executed by one James Little for the benefit of Thompson & Son, the deed of trust conveying two mules and a mare. As trustee Parker took possession of the animals; whereupon Payne, the appellee, instituted this replevin suit to recover their possession. Payne’s…
1Opinion of the CourtEletcher, J.
The learned circuit judge gave a peremptory instruction to find for the appellee upon the following state of facts: One Little, late in thé year 1906, became Payne’s tenant, and moved upon his plantation. At the time Little owned two mules, upon which a third party held a trust deed for about $135. It appears that Mr. Payne had been advised by his attorney that personal property could be sold conditionally and the title thereto reserved to the vendor, and that the lien so reserved would be superior to any subsequent incumbrance by the conditional purchaser. Payne testifies that he acted in…
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