Collier v. White
Mississippi Supreme Court
From the circuit court of Sunflower county. Hon. George Winston, Judge. Appellant Collier, as trustee for G. W. Faison & Co., brought this suit of replevin to recover from appellee, White, eight bales of cotton, upon which Faison & Co. held a trust deed executed by one Tanner. The cotton was part of the crop of Tanner, raised upon land rented from the appellee, and the trust deed was given to secure advances and supplies furnished during the year by Faison & Co. to Tanner.
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From the circuit court of Sunflower county. Hon. George Winston, Judge. Appellant Collier, as trustee for G. W. Faison & Co., brought this suit of replevin to recover from appellee, White, eight bales of cotton, upon which Faison & Co. held a trust deed executed by one Tanner. The cotton was part of the crop of Tanner, raised upon land rented from the appellee, and the trust deed was given to secure advances and supplies furnished during the year by Faison & Co. to Tanner. About the first of September, appellee purchased from his tenant, Tanner, his entire crop, then only partially gathered,…
1Opinion of the CourtCooper, J.
The judgment in this cause must be reversed. The offer by White before suit brought to pay by a check the sum he admitted to be due by Tanner, and which he had agreed to pay, was not a tender sufficient in law.
The sum paid into court by White after suit brought was insufficient to defeat the plaintiff’s right to recover to the extent of the sum admitted to be due by White. No tender was made of the accrued costs, and if such sum had been tendered, the plaintiff by refusing to accept the offer would' not preclude himself from recovering to an,amount to which the evidence showed him to be…
2Cited by6 opinions
- Servel v. JamiesonCourt of Appeals for the Ninth Circuit · 1919
- Baker v. B. L. Ass'n of JacksonMississippi Supreme Court · 1934
- Reeves Realty Co. v. BrownSupreme Court of Oklahoma · 1915
- Cohn v. Lovell Lumber Co.Mississippi Supreme Court · 1924
- Morton v. VarnadoMississippi Supreme Court · 1921
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