Loeb v. Chicago, St. Louis, & New Orleans Railroad
Mississippi Supreme Court
Appeal from the Circuit Court of Madison County. Hon. S. S. CalhooN, Judge. The case is stated in the opinion of the court. A jury was waived, case submitted to the court below, and from a judgment in favor of the defendant, the plaintiff appealed to this court. Sect. .1204 of the Code has no application to this case.
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Appeal from the Circuit Court of Madison County. Hon. S. S. CalhooN, Judge. The case is stated in the opinion of the court. A jury was waived, case submitted to the court below, and from a judgment in favor of the defendant, the plaintiff appealed to this court. Sect. .1204 of the Code has no application to this case. That section [was only intended to protect the grantor or mortgageor in the enjoyment of his equity of redemption, against third persons, who might sue for the mortgaged property before the mortgage-debt was paid. It prevents a plaintiff in ejectment from setting up the title…
1Opinion of the CourtChalmeRS, J.
It would seem that the question presented by this record ought frequently to have arisen and have long since been settled; but if there is a case in the English or American reports directly in point an exhaustive search on the part of ourselves and of counsel has failed to bring it to light.
One Elder executed a trust-deed on a mule belonging to him, whereby the legal title to the animal was conveyed to Lock, as trustee for Gross & Co., to whom Elder was indebted ; the trust7deed constituting a mortgage on the mule for the security of the debt. The mule remained in the possession of the owner…
2Cases cited3 opinions
- Green v. . ClarkeNew York Court of Appeals · 1855
- Johnson v. JeffriesSupreme Court of Missouri · 1860
- Moses v. WalkerNew York Court of Common Pleas · 1858
3Cited by2 opinions
- General Motors Acceptance Corp. v. New Orleans & G. N. R. R.Mississippi Supreme Court · 1930
- Murphy v. American Soda Fountain Co.Mississippi Supreme Court · 1905