Dennis v. Robinson
Mississippi Supreme Court
Appeal from the circuit court of Leflore county. Hon. P. C. Chapm:an, Special Judge. Replevin by John E. Dennis, trustee, against John Robinson. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The note and deed of trust affirmatively shows the conditions of the deed of trust had been broken, and the plaintiff was entitled to the immediate possession of the property enumerated in the deed of trust.
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Appeal from the circuit court of Leflore county. Hon. P. C. Chapm:an, Special Judge. Replevin by John E. Dennis, trustee, against John Robinson. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The note and deed of trust affirmatively shows the conditions of the deed of trust had been broken, and the plaintiff was entitled to the immediate possession of the property enumerated in the deed of trust. It seems every material fact required by section 4214, Code 1906, was affirmatively shown and proven. "While the record does not show a…
1Opinion of the CourtEeed, J.
This is an action of replevin to recover certain personal property included in a deed of trust given to secure a note upon which there was a balance due. Upon the trial, plaintiff introduced the deed of trust and note; but he wholly failed to prove in any way that the property levied on was that described in the deed of trust. He did not identify the property as that to which he had a right to recover under the lien of the deed of trust.
It is necessary in an action of replevin to show that the property levied on and taken in possession by the officer executing the writ was that which the…
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