Barlow v. Brittain

Citations

• 70 Miss. 427

Syllabus

<p>1. Equitable Defense. Action at law. Marshaling.</p> <p>Ordinarily, a court of law, trying' legal titles, cannot marshal securities. The right can be availed of only in those exceptional oases where an equitable defense is permitted to which the right of marshaling is a reply. Black v. Robinson, 61 Miss., 54, distinguished.</p> <p>2. Trust-deed. Action for property converted. Defense.</p> <p>An action at law by the trustee in a deed of trust to recover the value of incumbered personal property, which has been purchased and converted, cannot be defended by showing that the debtor has other accessible property, subject to the deed, and sufficient to satisfy the debt secured thereby.</p>