Barlow v. Brittain
Mississippi Supreme Court
From the circuit court of Copiah county. Hon. J. B. Ciirisman, Judge. This is an action, begun in the justice court, by-Barlow, trustee in a trust-deed, to recover of appellee, Brittain, the value of certain cotton covered by the trust-deed, which Brittain had purchased from the grantor.
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From the circuit court of Copiah county. Hon. J. B. Ciirisman, Judge. This is an action, begun in the justice court, by-Barlow, trustee in a trust-deed, to recover of appellee, Brittain, the value of certain cotton covered by the trust-deed, which Brittain had purchased from the grantor. The trust-deed, which was duly recorded, covered other property, and, on the trial, defendant introduced evidence to show, among other things, that there was other personal property covered by the trust-deed, and still in the possession of the grantor, and accessible to plaintiff, sufficient in value to…
1Opinion of the CourtCooper, J.
The first instruction for the defendant should not have been given. It is said by counsel that it was asked and granted upon the authority of Black v. Robinson, 61 Miss., 54. The learned judge must have considered that decision as authority for the rule that a court of law will marshal securities wherever, under the facts proved, such coui’se would be pursued in equity. This is a misconception of the principle of that case. In Hunt v. Shackleford, 55 Miss., 94, it had been held that the beneficiary in a deed of trust for the payment of debts, who was entitled to the proceeds of the property,…
2Cases cited2 opinions
- Hunt & Vaughan v. ShacklefordMississippi Supreme Court · 1877
- Black v. RobinsonMississippi Supreme Court · 1883