French v. Sale
Mississippi Supreme Court
Appeal from the Circuit Court of Monroe County. Hon. J. W. Buchanan, Judge. E. P. Sale sued out a writ of attachment against A. H. French, and levied on certain property found in his possession. J. W. French, brother of A. H. French, claimed the property, and filed the necessary claimant’s affidavit. Issue having been joined between the plaintiff and the claimant, a trial was had to test the right of property.
Read the full summary
Appeal from the Circuit Court of Monroe County. Hon. J. W. Buchanan, Judge. E. P. Sale sued out a writ of attachment against A. H. French, and levied on certain property found in his possession. J. W. French, brother of A. H. French, claimed the property, and filed the necessary claimant’s affidavit. Issue having been joined between the plaintiff and the claimant, a trial was had to test the right of property. The third instruction given for the plaintiff on the trial was as follows: “ Statements of a party made against his own interest are evidence against him, and the jury are authorized to…
1Opinion of the CourtArnold, J.
We find nothing in the various errors assigned in this cause for which the judgment should be reversed, except the third instruction given for the plaintiff. In giving this instruction an error *391was committed fatal to the judgment. The instruction declares in effect, among other things, that the assumption and exercise of acts of ownership by A. H. French over the property in question was in consequence of the property belonging to him. It is not contradicted that A. H. French had had possession of the property and exercised acts of ownership over it, but it was a disputed point of vital…
2Cases cited2 opinions
- Ryan v. CouchSupreme Court of Alabama · 1880
- Pickens v. StateMississippi Supreme Court · 1884
3Cited by11 opinions
- Simmons v. StateMississippi Supreme Court · 1990
- Sanders v. StateMississippi Supreme Court · 1977
- Wilson v. PeacockMississippi Supreme Court · 1916
- Kopplin v. KopplinAppellate Court of Illinois · 1946
- Garman v. StateMississippi Supreme Court · 1888
6 more not listed; retrieve them via the Exa API.