Illinois Central Railroad v. Hawkins
Mississippi Supreme Court
Appeal from the Circuit Court of Lafayette County. Hon. W. S. Featherston, Judge. . This is an action brought by Randle Hawkins against the Illinois Central Railroad Company to recover damages for the killing of a mule. The mule was shown to have been in possession of plaintiff at the time it was killed.
Read the full summary
Appeal from the Circuit Court of Lafayette County. Hon. W. S. Featherston, Judge. . This is an action brought by Randle Hawkins against the Illinois Central Railroad Company to recover damages for the killing of a mule. The mule was shown to have been in possession of plaintiff at the time it was killed. On the trial the defendant offered in evidence an unsatisfied deed of trust on this mule, executed by plaintiff in favor of one Roach, trustee, for the benefit of one McLeod, the day for the performance of the conditions of which had passed. The court refused to allow the deed to be received…
1Opinion of the CourtCooper, C. J.
The single question presented in this case is whether a wrong doer who has destroyed personal property which had been mortgaged by the owner may, when sued by the owner, diminish the amount of his recovery by showing an outstanding forfeited mortgage, the mortgagor having remained in possession after breach of the condition of the mortgage.
The court below excluded the evidence when offered, and we approve its ruling.
In most of the states a mortgage upon lands is viewed in law, as in equity, as merely a security for the payment of the mortgage debt, and not as an estate in land except so far…
2Cases cited1 opinion
- Everman v. RobbMississippi Supreme Court · 1876
3Cited by2 opinions
- J. M. Griffin Co. v. JerniganMississippi Supreme Court · 1934
- Capital Loan & Savings Co. v. Baltimore & Ohio Rd.Ohio Court of Appeals · 1933