Maris v. Levy

Decided October 15, 1916

Mississippi Supreme Court · decided 1916-10-15

IIoN. Bobert Powell, Special Judge. Suit by C. T. Maris against D. & L. K. Levy. From a judgment on peremptory instruction for defendants, plaintiff appeals. One Mose Hawkins, tenant of appellant, gave him a note secured by deed of trust, covering all crops grown on appellant’s place as security for certain money owing by Hawkins to appellant. Thereafter Hawkins gave appellee a deed of trust on all crops raised by him to secure certain advances.

Decided 1916-10-15

SteveNS, J.,

¶1delivered the opinion of the court.

¶2The testimony for the plaintiff in this case was sufficient to justify a submission of the issue to .the jury. It is the positive testimony of the witness Finney that the cotton left Hawkins ’ farm at one time or on one day, and thát the following day this witness “missed it and came to .. see what he had done with it; ” that he went to the office of the cotton buyers in Canton, and in going there met *79one member of appellees ’ firm, wbo admitted that be bad' tbe cotton and would bold it until tbe controversy was settled. Tbe testimony further shows that appellees recived tbe proceeds of the sale of tbe cotton. Tbe granting to tbe appellees of tbe peremptory instruction, therefore,-was error, necessitating a reversal of this case.

¶3Reversed and remanded.