Houston v. Totten

Decided January 18, 1886

Mississippi Supreme Court · decided 1886-01-18

W. W. Totten & Co. held a judgment against John A. Cole. Execution was issued on the judgment and some personal property in the possession of Cole was levied on, consisting of an engine, boiler, belting, etc. Appellant, Houston, as trustee in a deed of trust, filed his claim to the property, basing his title on the deed of trust.

Cited by 1 later decisions — most recently September 1935

1 state decisions

Relies on Kelly v. Reid · Nicholson v. Karpe · Cowden v. Lockridge

Good law ✅— No negative treatment on recordhow we know

Affirmed, · Decided 1886-01-18

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¶1Opinion.

Cooper, C. J.,

¶2delivered the opinion of the court:

¶3The deed of trust was properly excluded by the court; the description was void for uncertainty. 57 Miss. 91; 58 Miss. 34; 60 Miss. 387.

¶4Since the property attached remains in the hands of the officer it was unnecessary to find the value of the separate articles. This is required to be done only when the claimant has replevied the property in order that he may discharge himself by returning the property to the officer or by paying the assessed value thereof.

¶5Judgment affirmed.