Levy v. Gray
Mississippi Supreme Court
Error to the Circuit Court of Claiborne County. Hon. J. B. ChrismaN, Judge. The nature of the action is stated in the opinion, of the court. On the trial, the court below gave the following instruction for the plaintiff: — “ 4. If the jury believe from the evidence that Bettie Gray refused to sign the deed of trust when it was presented to her, and before its execution, then she will not be bound by it.”
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Error to the Circuit Court of Claiborne County. Hon. J. B. ChrismaN, Judge. The nature of the action is stated in the opinion, of the court. On the trial, the court below gave the following instruction for the plaintiff: — “ 4. If the jury believe from the evidence that Bettie Gray refused to sign the deed of trust when it was presented to her, and before its execution, then she will not be bound by it.” The court refused to give an instruction asked for the defendant, as follows : =— “ If the jury believe from the evidence that the plaintiff’s ■claim to the cotton is fraudulent, and that she…
1Opinion of the CourtChalmers, J.
Mrs. Bettie Gray brought this action of replevin to recover the possession from Levy, trustee of Stern, Levy & Co., of two bales of cotton and a mule, which had by said trustee been taken under the provisions of a trust deed executed by the husband of said Bettie.
The court below refused to chai’ge the jury, at the instance of defendant, that plaintiif could not recover the cotton if they believed her claim to be fraudulent. This refusal, it is said, was justifiable, because there was no testimony tending to show a fraudulent claim on her part, and none, therefore, to which the charge was…
2Cases cited2 opinions
- Ferguson v. BoboMississippi Supreme Court · 1876
- Upshaw v. GibsonMississippi Supreme Court · 1876
3Cited by9 opinions
- International Land Co. v. MarshallSupreme Court of Oklahoma · 1908
- Commander v. BrazilMississippi Supreme Court · 1906
- Hawthorne v. StateMississippi Supreme Court · 1884
- Ostrander v. QuinMississippi Supreme Court · 1904
- Richardson v. ToliverMississippi Supreme Court · 1894
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