Legal Opinion

Campbell v. Brooks

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 9 opinions

Erom the circuit court of Washington county. Hon. Sydney Smith, Judge. Campbell, appellant was plaintiff, and Brooks, appellee, defendant, in the court below. Erom a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court.

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Erom the circuit court of Washington county. Hon. Sydney Smith, Judge. Campbell, appellant was plaintiff, and Brooks, appellee, defendant, in the court below. Erom a judgment in defendant’s favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. Plaintiff and defendant had entered into an agreement for an exchange of lands, and proper deeds of conveyance were drawn up, signed, and acknowledged before a notary public, by the plaintiff and defendant respectively. The defendant, in the course of the dealings between the parties, acquired possession of the deed…

1Opinion of the Court

Mayes, J.,

delivered tbe opinion of tbe court.

Without entering into any discussion of the facts in this case,, we simply say that the action of replevin will not lie to recover the deed sued for here. While it is true, as said in the case of Hooker v. Latham, 118 N. C. 179, 23 S. E. 1004, that “a writ of replevin will lie for the recovery either of deeds or certificates of stock, where the object is to regain possession of the-specific paper, and not to test the right to the property which it. represents,” yet replevin “cannot be maintained for the unlawful taking or the wrongful detention of…

2Cases cited3 opinions

  1. Flannigan v. GogginsWisconsin Supreme Court · 1888
  2. Pasterfield v. Sawyer.Supreme Court of North Carolina · 1903
  3. Hooker v. . LathamSupreme Court of North Carolina · 1896

3Cited by9 opinions

  1. Armstrong v. StateMississippi Supreme Court · 1968
  2. Dobbs v. First National Bank of AtlantaCourt of Appeals of Georgia · 1941
  3. Frederic v. Merchants & Marine BankMississippi Supreme Court · 1947
  4. Lambert v. StateMississippi Supreme Court · 1988
  5. Reason v. StateMississippi Supreme Court · 1908

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