Henry v. Dillard

Citations

• 68 Miss. 536

Syllabus

<p>1. Husband and Wine. Transfer between. Code I860, § 1178. Case.</p> <p>A husband bargained for a horse but failed to pay therefor, and by agreement with the seller, his wife was substituted to his purchase and paid the price with the proceeds of cotton which her husband gave her for assisting in his crop. She traded the horse for a mare. Held, in replevin by her against one claiming the mare under a trust-deed from her husband, that her acquisition of title was not within the meaning of § 1178, code 1880, which avoids, as to all third persons, unrecorded transfers between husband and wife.</p> <p>2. Replevin. Verdict. Separate valuation.</p> <p>A verdict in replevin will not be set aside because the jury fail to separately value a mare and her young colt, these being so intimately connected as to be ordinarily considered as one.</p>