Noel v. Hooker

Decided April 26, 1886

Mississippi Supreme Court · decided 1886-04-26

A replevin suit was instituted in the justice court of Holmes county for the recovery of a mule in the possession of appellant. The mule in controversy was covered by a deed of trust to appellee for $40 for supplies advanced, and for such other supplies as might be advanced during the year 1884, to one Burwell Willis, to whom the mule was sold prior to the execution of the deed of trust. A second deed of trust was given appellant on the mule.

Reversed and remanded, · Decided 1886-04-26

¶1Opinion.

Arnold, J.,

¶2delivered the opinion of the court:

¶3The price of the mule in controversy was not embraced in the deed of trust from Burwell Willis to Carrie Webster. Both of these parties testify that the mule was sold to Willis prior to the execution of the deed of trust. By its terms the deed of trust was security only for $40 ádvanced before its execution, and supplies and merchandise to be advanced after that time, during the year 1884. If the $40 previously advanced and the supplies and merchandise subsequently advanced were paid, then the deed of trust was satisfied, and appellee had no cause of action, and the instructions asked by appellant to this effect should have been given.

¶4Reversed.