Brumfield v. Hoover
Mississippi Supreme Court
From the circuit court of Lawrence county. LIon. Robert L: Bullard, Judge. Brumfield, the appellant, was plaintiff in the court below; and Hoover, the appellee, was defendant there. From a judgment in favor of defendant, the plaintiff appealed to the supreme court. The plaintiff instituted replevin to secure possession of certain personal property, in the defendant’s possession.
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From the circuit court of Lawrence county. LIon. Robert L: Bullard, Judge. Brumfield, the appellant, was plaintiff in the court below; and Hoover, the appellee, was defendant there. From a judgment in favor of defendant, the plaintiff appealed to the supreme court. The plaintiff instituted replevin to secure possession of certain personal property, in the defendant’s possession. The opinion states the facts except that it should be noted that the notes of Hoover had been assigned to Brumfield as collateral security for Anthony’s notes. At the close of the testimony for the plaintiff, the…
1Opinion of the CourtOalhoon, J.
This is an action under the general statute of replevin, brought by Brumfield against Lloover. The value of the property seized by the sheriff under this writ of replevin was $323. The seizure,' however, was based upon the nonpayment of a note of $66.66, which, if that were determinative, would be within the jurisdiction of a justice of the peace. The facts are not disputed, and are these: Brumfield and one Anthony had been partners, and while so partners sold the property in controversy to Hoover, and took from Hoover a series of notes for $66.66, payable to the partnership, or order, and in…
2Cases cited2 opinions
- Fortinberry v. HolmesMississippi Supreme Court · 1906
- Biddle v. PaineMississippi Supreme Court · 1896
3Cited by4 opinions
- Johnson v. TaborMississippi Supreme Court · 1911
- Ezell v. HeltonMississippi Supreme Court · 1970
- Thompson v. PoeMississippi Supreme Court · 1913
- Van Norman v. Van NormanMississippi Supreme Court · 1948