LeFlore v. Miller
Mississippi Supreme Court
Appeal from the Circuit Court of Grenada County. Hon. A. T. Roane, Judge. In 1884 Greenwood LeFlore sold conditionally a mule to Scott Withers, retaining the title thereto until the purchase-money should be paid. In 1885 there was still due on the mule twenty-nine dollars and seventy-eight cents, when Scott Withers induced the mercantile firm of Heal & Miller to assume this debt, and executed a deed of trust on the mule to Guy Hill, trustee for Heal & Miller.
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Appeal from the Circuit Court of Grenada County. Hon. A. T. Roane, Judge. In 1884 Greenwood LeFlore sold conditionally a mule to Scott Withers, retaining the title thereto until the purchase-money should be paid. In 1885 there was still due on the mule twenty-nine dollars and seventy-eight cents, when Scott Withers induced the mercantile firm of Heal & Miller to assume this debt, and executed a deed of trust on the mule to Guy Hill, trustee for Heal & Miller. In the spring of 1885 and after the execution of this deed of trust, Heal & Miller failed in business and were unable to furnish Scott…
1Opinion of the CourtCooper, C. J.
The right of the plaintiff to the possession of the' mule was terminated by the tender of the purchase-money due and the pay*207ment of the costs of suij; which had accrued up to the time of tender.
There is nothing in the record showing any lien upon the mule to secure advances made to the owner, and the defendant by virtue of his deed of trust was entitled to its possession subject alone to the claim of the seller for the unpaid purchase-money. The action was rightly instituted by the plaintiff, but after tender of the full sum due to him and the payment of accrued costs its further prosecution…
2Cases cited1 opinion
- Helm v. GrayMississippi Supreme Court · 1881
3Cited by1 opinion
- Marvin Safe Co. v. EmanuelNew York Court of Common Pleas · 1888