Black v. Robinson
Mississippi Supreme Court
Appeal from the Circuit Court of Hiuds County. Hon. T. J. Wharton, Judge. This ivas an action of trespass in which the plaintiff, C. L. Robinson, claimed one thousand dollars damages for the taking of one bale of cotton by the defendants, a firm composed of T. M. Black and others.
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Appeal from the Circuit Court of Hiuds County. Hon. T. J. Wharton, Judge. This ivas an action of trespass in which the plaintiff, C. L. Robinson, claimed one thousand dollars damages for the taking of one bale of cotton by the defendants, a firm composed of T. M. Black and others. The case was tried on the plea of not guilty, Avhen the plaintiff proved that a member of the defendants’ firm got the bale of cotton at night from the house of a man, named David Warner, from Avhom he purchased it on account, and shipped it by express to Jackson, a station on the railroad ten miles from Avhere he…
1Opinion of the CourtCooper, J.
As to all the world except the trustee in the deed of trust, Warner was the holder of the legal title to the property, and might sell it to third persons, subject to the same incumbrance as that under which he held it. By the gift or sale of the cotton to his wife, he transferred whatever right he had to her, and by her sale she transferred the right thus acquired to Robinson. The appellants had no right to the possession of the cotton. The extent of their right was to have the trustee take possession of the mortgaged property, and sell it according to the provisions of the deed of trust, and…
2Cases cited1 opinion
- Hunt & Vaughan v. ShacklefordMississippi Supreme Court · 1877
3Cited by2 opinions
- Tuccio v. SmithMississippi Supreme Court · 1928
- Barlow v. BrittainMississippi Supreme Court · 1892