Trice v. Walker
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Newnan Cayce, Judge. W. B. Walker, administrator of H. B. Gillespie, having recovered a judgment against C. S. Bates, in November, 1890, and caused an execution to be levied on five mules and certain agricultural products as the property of the defendant, thereupon the appellant, J. M. Trice, interposed a claim, and gave- bond for the property.
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From the circuit court of Monroe county. Hon. Newnan Cayce, Judge. W. B. Walker, administrator of H. B. Gillespie, having recovered a judgment against C. S. Bates, in November, 1890, and caused an execution to be levied on five mules and certain agricultural products as the property of the defendant, thereupon the appellant, J. M. Trice, interposed a claim, and gave- bond for the property. His affidavit alleges that the property “is not the property of Bates, but is the propei'ty of affiant.” The issue thus tendered was accepted by the plaintiff, who averred that the property was the property…
1Opinion of the CourtCampbell, C. J.
The sixth and seventh instructions for the plaintiff are erroneous, and should not have been given. The sixth is wrong, because, if Trice had an unsatisfied deed of trust on the mules (and such deed was produced in evidence, and condition was broken), they were not properly seized under the execution.
The seventh is wrong, as calculated to mislead by conveying the idea that if what Trice had testified as to Bates’ having surrendered the mules to him at an agreed price, was true, still, if no money was paid for them and no credit given for them, the title of. the mules did not pass to Trice.'…
2Cases cited2 opinions
- Butler v. LeeMississippi Supreme Court · 1877
- Wolfe v. CrawfordMississippi Supreme Court · 1877
3Cited by2 opinions
- Thomas v. Shell Bros.Mississippi Supreme Court · 1898
- Reynolds v. CarterMississippi Supreme Court · 1915