Gross v. McKee
Mississippi Supreme Court
Error to the Circuit Court of Madison County. Hon. W. B. Cunningham, Judge. B. C. McKee executed to Isidor Gross, as trustee for Loeb & Co., a deed of trust to secure the payment of a note for §214 for an old debt, and §100 for advances to be made in supplies during the year 1874. On the twenty-sixth day of November, 1874, Gross, as such trustee, instituted an action of replevin against McKee, to obtain possession of the property embraced in the deed of trust.
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Error to the Circuit Court of Madison County. Hon. W. B. Cunningham, Judge. B. C. McKee executed to Isidor Gross, as trustee for Loeb & Co., a deed of trust to secure the payment of a note for §214 for an old debt, and §100 for advances to be made in supplies during the year 1874. On the twenty-sixth day of November, 1874, Gross, as such trustee, instituted an action of replevin against McKee, to obtain possession of the property embraced in the deed of trust. It was proved upon the trial in the Circuit Court that Loeb & Co. did not make any advances to McKee, according to the stipulations in…
1Opinion of the CourtChalmers, J.
The defendant in error executed to the plaintiff in error, as trustee for Loeb & Co., a trust deed on two horses and a growing crop, to secure payment of a note for $214 then due and future advances to be made during the year to the amount of $100. After having obtained the trust deed, Loeb & Co. refused to make any advances whatever, and at the end of the year caused their trustee to bring this action of replevin for the two horses and seventy-five bushels of the corn grown by the mortgagor. The jury rendered a verdict for the mortgagor (defendant in error). The case is brought here by writ…
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