Soule v. Shotwell
Mississippi Supreme Court
Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. The facts necessary to a full understanding of the case are ■stated in the opinion of the court, and also the substance of the instructions involving the principles announced. Errors are assigned as follows : 1. The court erred in refusing to grant a new trial. 2. In refusing tbe 6th instruction asked on behalf of the> plaintiffs. 3. In the instructions to the jury on behalf of the defendants.
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Error to the Circuit Court of Colfax County. Hon. J. A. Orr, Judge. The facts necessary to a full understanding of the case are ■stated in the opinion of the court, and also the substance of the instructions involving the principles announced. Errors are assigned as follows : 1. The court erred in refusing to grant a new trial. 2. In refusing tbe 6th instruction asked on behalf of the> plaintiffs. 3. In the instructions to the jury on behalf of the defendants. It was error to charge the jury that a trust deed or mortgage, except as between the grantor and grantee, constitutes a lien upon the…
1Opinion of the CourtChalmers, J.
The law books in controversy bad been mortgaged to plaintiffs, Soule, Thomas & Wentworth, by the owner, Love, for the purchase money due thereon, but the mortgage was not recorded.
After Love’s departure from the state, his mother, assuming to act as his agent, sold them to defendants, Shotwell & Fitts, in extinguishment of a debt due by herself and son, and a small amount additional, which was to be paid in cord-wood. The two questions of fact presented to the jury were, whether the mother was the agent of the son, and whether the purchaser had notice of the unrecorded mortgage.
Upon the…
2Cases cited1 opinion
- Love v. TaylorMississippi Supreme Court · 1853
3Cited by5 opinions
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- Wert v. NaylorIndiana Supreme Court · 1884
- Lawrence v. OwensMissouri Court of Appeals · 1890
- Harris v. LombardMississippi Supreme Court · 1882
- Peoples Bank v. Lamar County BankMississippi Supreme Court · 1914