Black, Todd & Co. v. Robinson

Citations

• 62 Miss. 68

Syllabus

<p>1. Husband and Wide. Gift between. Effect as to third person. Section 1178, Code 1880, applied.</p> <p>Under \\ 1178 of the Code'of 1880, which provides that “No transfer of goods and chattels between husband and wife shall be valid as against any third person, unless in writing, acknowledged and filed for record,” the.gift of a bale of cotton by a husband to his wife is void, as against the beneficiary in a deed of trust previously given by the. husband covering such cotton, even though there be a plenty of other property subject to the deed of trust to fully satisfy the debt secured by it.</p> <p>2. Damages. Measure thereof. Conversion of properly with belief of right.</p> <p>In an action for damages for the conversion of personal property which the defendant believed he was legally entitled to appropriate, if the plaintiff establish his right to recover he is not entitled to punitory damages, but only to the value of the property converted, with interest from the time of the taking and costs of the suit.</p>