Marshall ex rel. Vassar v. Stewart
Mississippi Supreme Court
FroM the circuit court of Monroe county. HoN. Lock E. HoustoN, Judge. Matheny, a furniture dealer of Aberdeen, Miss., owned a stock of goods. T. W. and R. B. Stewart recovered a judgment against him February 22, 1889, for $465.86, which was duly enrolled. Before recovery of the judgment, on January 26, 1889, Matheny executed to W. H. Yassar, as trustee, a trust-deed to secure Clifton & Eckford a debt of $750, due thirty days from that date.
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FroM the circuit court of Monroe county. HoN. Lock E. HoustoN, Judge. Matheny, a furniture dealer of Aberdeen, Miss., owned a stock of goods. T. W. and R. B. Stewart recovered a judgment against him February 22, 1889, for $465.86, which was duly enrolled. Before recovery of the judgment, on January 26, 1889, Matheny executed to W. H. Yassar, as trustee, a trust-deed to secure Clifton & Eckford a debt of $750, due thirty days from that date. By this deed the entire stock of goods, the articles being designated, was conveyed to the trustee with a power of sale, on default in the payment of the…
1Opinion of the Court
Woods, .C. J.,
delivered the opinion of the court.
If the sheriff, at common law, could be held, on the evidence in this case, guilty of a trespass, in the levy and sale of the personal property, for a conversion, then the obligors in the bond of indemnity are liable in this action, but, otherwise, not.
At the time of the levy by the sheriff the trustee was not in possession, nor was he entitled to possession. The debt had not matured, nor had condition been broken, and, hence, there was no trespass in the levy.
After levy and before sale, the right to possession in the trustee arose, but he…
2Cases cited1 opinion
- Marshall v. StewartMississippi Supreme Court · 1889