Montgomery v. Scott

Decided October 15, 1883

Mississippi Supreme Court · decided 1883-10-15

Hon. J. B. Chrisman, Judge. The appellee brought an action of replevin against the appellant for two bales of cotton. Appellant claimed the cotton as landlord and by virtue of a deed of trust for a balance due her from John Scott, husband of appellee, for supplies.

Cited by 2 later decisions — most recently January 1939

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1883-10-15

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Cooper, J.,

¶1delivered the opinion of the court.

¶2The object of § 1178 of the Code of 1880 was to prevent the *411introduction of parol proof to establish either the existence of a contract of sale between husband and wife, or the fact that other persons had notice of such sales or transfers. A sale or transfer not made in the manner prescribed and recorded as is provided by said section is invalid. Nothing can be substituted as equivalent to the thing required by the statute to be done.

¶3Judgment reversed.