Smith v. Sparkman
Mississippi Supreme Court
Error to tbe Circuit Court of Leake County. Hon. A. Gr. Maters, Judge. John L. Smith, the plaintiff, sued out an attachment against J. E. Lewis, and had it levied upon five bales of cotton. When attached, a part of the cotton was at the gin of one McDonald, in bales, and a part at the residence of Lewis, and in the seed. W. A. Sparkman, the defendant in error, filed an affidavit in the suit, claiming the five bales of cotton.
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Error to tbe Circuit Court of Leake County. Hon. A. Gr. Maters, Judge. John L. Smith, the plaintiff, sued out an attachment against J. E. Lewis, and had it levied upon five bales of cotton. When attached, a part of the cotton was at the gin of one McDonald, in bales, and a part at the residence of Lewis, and in the seed. W. A. Sparkman, the defendant in error, filed an affidavit in the suit, claiming the five bales of cotton. An issue was formed between Smith, the plaintiff, and Sparkman, the claimant. The jury gave a verdict for the claimant. The other facts appear in the opinion of the…
1Opinion of the CourtSimrall, C. J.
The only question that need be considered is whether the sale of the five bales of cotton, by Lewis to Sparkman, was *651complete so as to vest the property in Sparkman at the time the attachment was levied. At the time of the sale, November 27, 1875, the cotton in contestation was in bulk in a-house on the premises occupied by Lewis. He was to haul the seed-cotton to McDonald’s gin, and, after it was ginned and packed, haul the bales to Canton.
The written memorandum is in these words :
“W. A. Sparkman bought of J. R. Lewis five bales of cotton, weighing 480 lbs. each, at 11 cts. per lb., to wit,…
2Cases cited1 opinion
- McArthur's Heirs v. Dun's HeirsSupreme Court of the United States · 1849
3Cited by3 opinions
- Johnson v. TaborMississippi Supreme Court · 1911
- American Factors, Ltd. v. GossCalifornia Court of Appeal · 1925
- Carrilon v. ThorntonMississippi Supreme Court · 1951