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70 Miss. 608

Mitchell v. McDavitt, James & Co.

Mississippi Supreme Court

Decided March 15, 1893

Mississippi Supreme Court · decided 1893-03-15

From the circuit court of DeSoto county. Hon. Eugene Johnson, Judge. In July, 1891, McDavitt, James & Co. recovered a judgment in the justice court against the firm of Thos. Eox & Co. and Thos. Eox individually, and caused an execution thereon to be levied on three mules as the property of Thos. Eox. Thereupon, appellant, Mitchell, filed a claimant’s áffidavit and bond. The affidavit recited that the mules levied on were not the property of Thos.

Decided 1893-03-15

Campbell, C. J.,

¶1delivered the opinion of the court.

¶2This record does not disclose any just ground for the verdict, which should have been set aside. There is nothing unreasonable or improbable in the testimony of the witnesses, and it discloses a transaction which divested the judgment-debtor of any interest in the property before the right of the judgment creditors attached.

¶3The fact that Mitchell, the trustee, committed the blunder of making claim as such, and afterwards made affidavit of ownership by H. L. Fox, and testified to that on the trial, amounted to nothing, and yet that was made much of, and probably was very influential in producing the result which we think is unwarrantable. Let another trial be had.

¶4Reversed and remanded.

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