Dennis v. Robinson

Decided March 15, 1913

Mississippi Supreme Court · decided 1913-03-15

Hon. P. C. Chapm:an, Special Judge. Replevin by John E. Dennis, trustee, against John Robinson. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The note and deed of trust affirmatively shows the conditions of the deed of trust had been broken, and the plaintiff was entitled to the immediate possession of the property enumerated in the deed of trust.

Cited by 2 later decisions — most recently August 1992

2 state decisions

Key passage — most relied on by later courts

““It is necessary in an action of replevin to show that the property levied on and taken into possession by the officer executing the writ was that which the plaintiff was entitled to recover in the suit brought. The trial court did not err in rendering the judgment for .defendant because of the absence of the necessary proof to so identify the property.””

quoted by 1 later decision, including Evans v. Junius Hart Piano House

Good law ✅— No negative treatment on recordhow we know

Decided 1913-03-15

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Eeed, J.,

¶1delivered the opinion of the court.

¶2This is an action of replevin to recover certain personal property included in a deed of trust given to secure a note upon which there was a balance due. Upon the trial, plaintiff introduced the deed of trust and note; but he wholly failed to prove in any way that the property levied on was that described in the deed of trust. He did not identify the property as that to which he had a right to recover under the lien of the deed of trust.

¶3It is necessary in an action of replevin to show that the property levied on and taken in possession by the officer executing the writ was that which the plaintiff was entitled to recover in the suit brought. The trial court did not err in rendering the judgment for defendant because of the absence of the necessary proof to so identify the property.

¶4Affirmed.