Upshaw v. Gibson
Mississippi Supreme Court
Eubok to the Circuit Court of Yazoo County. Hon. W. B. Cunningham, Judge. This was an action of replevin by the defendant in error, trustee in a deed of trust given by one Humphreys on some mules. Mrs. Upshaw petitioned to be made a party defendant to the suit on the ground that the mules belonged to her.
Read the full summary
Eubok to the Circuit Court of Yazoo County. Hon. W. B. Cunningham, Judge. This was an action of replevin by the defendant in error, trustee in a deed of trust given by one Humphreys on some mules. Mrs. Upshaw petitioned to be made a party defendant to the suit on the ground that the mules belonged to her. By consent she was made defendant; and the case going to trial before the circuit judge, without a jury, on the single question of title to the property, he decided in favor of the plaintiff, and Mrs. Upshaw brings the case to this court. An infant is not estopped even by his deed. Coolc v.…
1Opinion of the CourtCampbell, J.
The facts of this case are, that Mrs. Upshaw-being a married woman and an infant of eighteen years of age, her husband, in her presence, made a sale of her mules to one Humphreys, who had leased her plantation for two years, and that afterwards, while occupying said plantation and having possession of said mules, Humphreys executed a deed of trust on them for supplies. The plaintiff in replevin claimed the mules against Mrs. Upshaw by virtue of the deed of trust executed by Humphreys, and the question presented is, whether a married woman who is under twenty-one years of age can recover her…
2Cases cited3 opinions
- Wilie v. BrooksMississippi Supreme Court · 1871
- Harding v. CobbMississippi Supreme Court · 1873
- Cason v. HubbardMississippi Supreme Court · 1859
3Cited by8 opinions
- International Land Co. v. MarshallSupreme Court of Oklahoma · 1908
- Allen v. PooleMississippi Supreme Court · 1877
- Ferguson v. BoboMississippi Supreme Court · 1876
- Mellott v. LoveMississippi Supreme Court · 1929
- Levy v. GrayMississippi Supreme Court · 1879
3 more not listed; retrieve them via the Exa API.