1 Miss. Dec. 220
Decided October 25, 1886
Mississippi Supreme Court · decided 1886-10-25
Replevin in justice of the peace court by J. M., Buckley against A. L. Thornton for a bay mare and cow. Prom a judgment for plaintiff there was appeal to the Circuit Court. The evidence in the Circuit Court showed that Buckley had borrowed from one Smith $103.79 to pay off a debt due to Haralson, and had executed his note to Smith in the sum of $128.79, due sixty days from date, Smith charging Buckley $25 for the use of the money for the sixty days.
Affirmed, · Decided 1886-10-25
¶1Opinion.
¶2The plaintiff, by his own testimony, showed that a part of the debt secured by the deed of trust was unpaid, and this being true, he could not recover the property from the trustee.
¶3The judgment is affirmed.
¶4 maintain replevin the plaintiff must have the right to the immediate possession of the property sued for. Fritzell V. White, 5 Cush. 198; Lloyd v. Goodwin, 12 S. & M. 223.