Dodds v. Pratt

Decided October 15, 1886

Mississippi Supreme Court · decided 1886-10-15

Host. T. J. Whabtost, Judge. In August, 1885, James Wales, T. S. Wood, and G. P. Buckley, each owning an interest in a remnant of a stock of goods, sold the same to one L. N. Kiser, under an agreement that Kiser should pay the purchase-money out of the proceeds of the sale of the goods, which were to be disposed of by Kiser in the regular course of business at retail.

Relies on Helm v. Gray

Good law ✅— No negative treatment on recordhow we know

Decided 1886-10-15

How this case has been cited

Cited by 10 later decisions — most recently November 1950

2 federal appellate · 4 district · 4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Campbell, J.,

¶1delivered the opinion of the court.

¶2The goods were Kiser’s, undoubtedly, but the deed of trust he gave to secure the purchase-money for them was coetaneous with his acquisition of title, and therefore he held them subject to the deed of trust, which was paramount to any other claim.

¶3Section 1300 of the Code of 1880 does not derange the order of priority among the creditors of the person transacting business. The property made liable for his debts is to be subjected in the order of precedence fixed by law independently of § 1300.

¶4As the condition of the deed of trust had been broten at the time of the trial it was right to maintain the claim, although it was made prematurely. Helm v. Gray, 59 Miss. 54.

¶5Affirmed.