Cowden v. Lockridge
Mississippi Supreme Court
Appeal from the Circuit Court of Itawamba County. Hon. J. A. GreeN, Judge. J. P. Harris executed a deed of trust to O. B. Cowden, as trustee, to secure a certain indebtedness to J. H..Stone. . The property intended to be conveyed was described as, “ one bay mare and colt, one yoke of oxen, with red heads and sides,” etc.' Subsequently to the execution of the deed of trust, Harris sold a bay mare to Jasper-Lockridge ; and the former, having failed to pay the indebtedness upon…
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Appeal from the Circuit Court of Itawamba County. Hon. J. A. GreeN, Judge. J. P. Harris executed a deed of trust to O. B. Cowden, as trustee, to secure a certain indebtedness to J. H..Stone. . The property intended to be conveyed was described as, “ one bay mare and colt, one yoke of oxen, with red heads and sides,” etc.' Subsequently to the execution of the deed of trust, Harris sold a bay mare to Jasper-Lockridge ; and the former, having failed to pay the indebtedness upon the maturity of the deed of trust, Cowden, the trustee, brought an action of re-plevin against Lockridge, to recover…
1Opinion of the CourtChalmers, J.
The words, “ one bay mare,” contained in a trust-deed, there being nothing else to identify the particular animal referred to, constitute an insufficient description, and render the instrument void as to a purchaser for value, who has no other notice of the rights of the parties than that afforded by the record of the conveyance. Nicholson v. Karpe, 58 Miss. 36 ; Kelley v. Reid, 57 Miss. 89.
The allowance of attorney’s fees, by way of damages to the •defendant, was improper. Such an allowance in replevin can •only be made under circumstances' which would warrant the imposition of punitory or…
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