Brumfield v. Hoover

Citations

• 90 Miss. 502
• 43 So. 951

Syllabus

<p>1. Replevin. Jurisdiction. Amount in controversy. Value of property.</p> <p>In replevin, the value of the property seized, and not the amount of the debt for which the seizure is made, determines the amount in controversy as regards jurisdiction.</p> <p>2. Same. Parties. Sales. Reservation of title.</p> <p>One who sells to his partner, with a reservation of title until payment, his undivided interest in partnership property previously sold by the firm with a like reservation of title, may, on default of the firm’s vendee, whose purchase money notes are held by him as collateral security, maintain replevin for the property without making his partner a party. Biddle v. Paine, 74 Miss., 497, and Journey v. Priestly, 70 Miss., 586, distinguished.</p>