Puckett v. Fore
Mississippi Supreme Court
FroM the circuit court of Madison county. Host. Kobert Powele, Judge. Fore, the appellee, was the plaintiff in-the court below; Puckett, the appellant, was the defendant there.
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FroM the circuit court of Madison county. Host. Kobert Powele, Judge. Fore, the appellee, was the plaintiff in-the court below; Puckett, the appellant, was the defendant there. The action was replevin for property aggregating in value $612.25. On the trial the plaintiff offered in evidence a chattel mortgage or deed of trust, executed by defendant, conveying the property to the plaintiff, as trustee, to secure an indebtedness much greater than $612.25, evidenced by promissory note and the note itself. By way of defense it was shown that the indebtedness evidenced by the note was composed of…
1Opinion of the CourtWoods, C. J.
1. It appears from the transcript of the evidence introduced on the trial in the court below that the note of $937.69, charged up against appellant in his itemized account with Gad-dis for the year 1890, was the balance due from appellant to Gaddis on his store account for the year 1889, and, for that year, confessedly, Gaddis failed to pay the proper amount of his privilege tax. This item was then uncollectible by reason of the vice which inhered in it, and it has so remained despite *394all the renewals of it, and despite all the transmutations of mere form which it has undergone.
2. The four…
2Cited by3 opinions
- Robinson v. Friendly Finance Co. of Biloxi, Inc.Mississippi Supreme Court · 1961
- Sullivan v. AmmonsMississippi Supreme Court · 1909
- Ables v. CurleMississippi Supreme Court · 1958