Bates v. Snider
Mississippi Supreme Court
Appeal from the Circuit Court of Grenada County. Hon. Sam Powel, Judge. At. the trial of an action of replevin by the appellee, trustee in a deed of trust executed by the appellant’s firm, to secure a creditor, the evidence tended to show payments upon the debt secured, and the court refused to charge for the defendant : (1) that if the jury believed that the defendant was indebted on the mortgage debt they should find in their verdict the amount so due; and instructed the…
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Appeal from the Circuit Court of Grenada County. Hon. Sam Powel, Judge. At. the trial of an action of replevin by the appellee, trustee in a deed of trust executed by the appellant’s firm, to secure a creditor, the evidence tended to show payments upon the debt secured, and the court refused to charge for the defendant : (1) that if the jury believed that the defendant was indebted on the mortgage debt they should find in their verdict the amount so due; and instructed the jury for the plaintiff, (2) that they were not called upon to determine the amount Bates & Bro. owed the creditor, but…
1Opinion of the CourtCampbell, J.
The court erred in granting the second instruction for the plaintiff, and in refusing the first asked by the defendant. Payment of the debt secured by the deed of trust would extinguish it, and the right of the trustee to the possession of the property it conveyed ; and the judgment should have been for the property or its value, not to exceed the sum w'hich would discharge the legal demand of the trustee, so that the defendant might satisfy the judgment by paying the legal charge upon it, and thereby keep the property. It would be a vain thing to award to the trustee the possession of a…
2Cited by7 opinions
- Cox v. MartinMississippi Supreme Court · 1897
- Gabbert v. WallaceMississippi Supreme Court · 1889
- Martin v. CokerMississippi Supreme Court · 1948
- Estate of Walters v. FreemanCourt of Appeals of Mississippi · 2004
- McKean v. John Mathews Apparatus Co.Mississippi Supreme Court · 1896
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