McCarty v. Key
Mississippi Supreme Court
From the circuit court of, second district, Carroll county. TIon. J. T. Dunn, Judge. Key, the appellee, was plaintiff, and McCarty, the appellant, was defendant in the court below. From a judgment in plaintiff’s favor defendant appealed to the supreme court. Keeves executed a trust deed to Moore, trustee, to secure certain existing indebtedness and advances to be made to him by Fox, to whom he delivered a note for the amount of the indebtedness.
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From the circuit court of, second district, Carroll county. TIon. J. T. Dunn, Judge. Key, the appellee, was plaintiff, and McCarty, the appellant, was defendant in the court below. From a judgment in plaintiff’s favor defendant appealed to the supreme court. Keeves executed a trust deed to Moore, trustee, to secure certain existing indebtedness and advances to be made to him by Fox, to whom he delivered a note for the amount of the indebtedness. The agreement in the trust deed was “that said property is now free from all general and special taxes and judgments, decrees, and liens of all…
1Opinion of the Court
Calhoon, J.,
delivered tbe opinion of tbe court.
That Moore, the original trustee, refused to act, is plainly to be seen of record. When it was shown, as it was, that tbe cotton was prima facie embraced in tbe original trust deed, it was not error to devolve tbe proof on the laborer that tbe bale in controversy was not involved in it, because of tbe laborer’s lien under tbe statute.
We decline to bold that because Key, tbe substituted trustee, sued out tbe replevin by affidavit in bis own name, without adding tbe word “trustee,” therefore be must fail in showing that be held it as trustee, and…
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