Cleary v. Morson
Mississippi Supreme Court
Erom the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Morson, appellee, was plaintiff in the court below and Cleary, appellant, was defendant there. Erom a judgment, predicated of a peremptory instruction, in plaintiff’s favor defendant appealed to the supreme court. The opinion states the facts. Conditional sales of personalty are to be considered, under the many decisions of this court, as partaking of the nature of chattel mortgages.
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Erom the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Morson, appellee, was plaintiff in the court below and Cleary, appellant, was defendant there. Erom a judgment, predicated of a peremptory instruction, in plaintiff’s favor defendant appealed to the supreme court. The opinion states the facts. Conditional sales of personalty are to be considered, under the many decisions of this court, as partaking of the nature of chattel mortgages. Burnley v. Tufts, 66 Miss. 48, 5 South. 627; Dederick v. Wolf, 68 Miss. 500, 9 South. 350; Tufts v. Stone, 70 Miss. 54, 11…
1Opinion of the CourtFletcher, J.
This is a replevin suit, brought by Morson again,st Oleary for the recovery of a mare sold conditionally by Morson to one Wilson, and by Wilson sold to Cleary. It appears that Morson and Wilson entered into a contract evidenced by the following memorandum:
“This memoranda of agreement, made and entered into between Andrew A. Morson, party of the first part, and Eeuben Wilson, party of the second part, witnesseth: That the said Eeuben Wilson, party of the second part, for and in consideration of twenty dollars ($20.00) to him in hand paid, the receipt of which is hereby acknowledged, and for…
2Cases cited1 opinion
- Hall v. DraperSupreme Court of Kansas · 1878
3Cited by1 opinion
- Tremaine v. StateMississippi Supreme Court · 1963