Cayce v. Stovall
Mississippi Supreme Court
Error to the Circuit Court of Itawamba county. Hon. B. B. Boone, Judge. The facts of the case sufficiently appear in the opinion of the court.
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Error to the Circuit Court of Itawamba county. Hon. B. B. Boone, Judge. The facts of the case sufficiently appear in the opinion of the court. The errors complained of are: 1. In permitting the execution read to the jury. 2. In giving the second charge asked for by defendant. 3. In overruling plaintiffs motion for a new trial. 1. That under the act of February 18, 1867, a growing crop is not subject to the lien of a judgment or execution, and that a sheriff or other officer is prohibited from selling under any process any crop whde under cultivation, and before it is matured and gathered.…
1Opinion of the CourtSiMRALL, J.
The questions of law arise upon an agreed case.
On the 26th of July, 1873, Arenton Christian executed a deed of trust to Cayce, trustee, to secure a note of $798.50, payable to M. C. Cummings, the first of November,. 1873. The deed embraced all the cotton raised by Christian in that year. The trusts and conditions were those usual in such instruments.
*399On the 7th of December, 1872, Jacob R Stovall obtained a judgment, before a justice of the peace, against Christian for $60.00; which was enrolled in the office of the circuit clerk on the 26th of July, 1873. In November, an execution on Stovall’s…
2Cases cited4 opinions
- Sillers v. LesterMississippi Supreme Court · 1873
- Moody v. Doe ex dem. HarperMississippi Supreme Court · 1853
- Jenkins v. GowenMississippi Supreme Court · 1859
- Howard, Preston & Barrett v. SimmonsMississippi Supreme Court · 1870
3Cited by19 opinions
- Brookhaven Bank & Trust Company v. D. E. GwinCourt of Appeals for the Fifth Circuit · 1958
- Everman v. RobbMississippi Supreme Court · 1876
- Ware v. Delahaye & PurdySupreme Court of Iowa · 1895
- Coad v. CowhickWyoming Supreme Court · 1901
- Motors Securities Co. v. B. M. Stevens Co.Mississippi Supreme Court · 1955
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