Tobin v. Thomas H. Allen & Co.
Mississippi Supreme Court
Error, to the Circuit Court of Bolivar County. Hon. C. C. Shackleford, Judge. The deed of trust, being made to secure a hona fide debt, is not affected by any misrepresentations made by the beneficiary, to prevent another creditor from acquiring a prior lien by suing out and levying an attachment against the debtor. Hunt v. Knox, 34 Miss. 655 ; Mangum v. Finueane, 28 Miss. 354; 1 S. & M. 541; 13 S. & M. 22; 5 How. (Miss.) 165, 279; 6 How.
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Error, to the Circuit Court of Bolivar County. Hon. C. C. Shackleford, Judge. The deed of trust, being made to secure a hona fide debt, is not affected by any misrepresentations made by the beneficiary, to prevent another creditor from acquiring a prior lien by suing out and levying an attachment against the debtor. Hunt v. Knox, 34 Miss. 655 ; Mangum v. Finueane, 28 Miss. 354; 1 S. & M. 541; 13 S. & M. 22; 5 How. (Miss.) 165, 279; 6 How. (Miss.) 311 j 12 S. & M. 679. The plaintiff cannot sustain the action based on a priority of lien procured by his own fraud. Hx dolo malo non oritur actio.…
1Opinion of the CourtChalmers, J.
Allen & Co., merchants and factors in the city of Memphis, sent their clerk and agent Branch to Bolivar County, Miss., to look after a debt due them from one Boatright. Branch met Boatright at the storehouse of the appellant Tobin in Bolivar County, and received from him his promissory note. The appellant, seeing the transaction, asked Branch after Boat-right’s departure why he troubled himself to take the note, inasmuch as Boatright was insolvent; to which Branch replied that Boatright had some cotton, and, as he was about leaving the State, he intended at once to attach it. The appellant…
2Cases cited1 opinion
- Cocke v. KuykendallMississippi Supreme Court · 1866
3Cited by3 opinions
- Hickey v. BehrensCourt of Appeals of Texas · 1889
- Strauss Bros. v. DentonMississippi Supreme Court · 1925
- Crisler v. WhadleyMississippi Supreme Court · 1912