Packwood v. Atkinson
Mississippi Supreme Court
From the circuit court of Marion county. Hon. John H. Enochs, Judge. Packwood, appellant, was plaintiff, and the Atkinson & Fox-worth Company, appellees, defendant in the court below. Action of replevin by appellant against appellees to recover one horse.
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From the circuit court of Marion county. Hon. John H. Enochs, Judge. Packwood, appellant, was plaintiff, and the Atkinson & Fox-worth Company, appellees, defendant in the court below. Action of replevin by appellant against appellees to recover one horse. On the trial in the circuit court plaintiff (appellant) offered in evidence a deed of trust given by-one Welda to plaintiff on a bay mare and other property, and “any increase of property, real or personal, that may be hereafter acquired by purchase or otherwise.” This deed of trust was duly acknowledged and recorded. Plaintiff offered said…
1Opinion of the Court
Whitfield, C. J.,
delivered, tbe opinion of tbe court.
Tbe appellant’s offer was to introduce, in connection witb tbe trust deed, wbicli contained a clause expressly covering increase of personalty, proof that appellee bad actual notice that this borse was subject to the lien of this trust deed. Under all tbe authorities, if appellee bad such actual notice, tbe appellant should have prevailed. Tbe trust deed, and tbe proof offered witb it, should have been received. Tbe court below manifestly held’ tbe clauses as to “increase of personalty and realty” and “after-acquired property” void, under…
2Cases cited3 opinions
- Northwestern Bank v. FreemanSupreme Court of the United States · 1898
- Maize v. BowmanCourt of Appeals of Kentucky · 1892
- Williams & Williams v. CrookMississippi Supreme Court · 1885
3Cited by4 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Bostian v. RosenCourt of Appeals for the Eighth Circuit · 1944
- Fidelity & Deposit Co. of Maryland v. B. F. Sturtevant Co.Mississippi Supreme Court · 1905
- McCarver v. GriffinSupreme Court of Alabama · 1915