LeFlore v. Miller

Citations

• 64 Miss. 204

Syllabus

<p>1. Conditional Sale. Replevin for property. Tender of amount due. Case in judgment.</p> <p>L. conditionally sold a mule to W., retaining title till the purchase-money should be paid. N. & M., a mercantile firm, assumed the debt of W. to L. and took a deed of trust on the mule. L. took possession of the mule to secure the unpaid purchase-money. The trustee in N. & M.’s deed of trust then came and took the mule out of the possession of L., who sued out a writ of replevin and obtained a judgment for the mule before a justice of the peace. Thereupon the trustee paid the accrued court costs and tendered L. the unpaid purchase-money, which L. refused. The defendants appealed to the circuit court, and there tendered into court the unpaid purchase-money for the mule. That court adjudged the possession of the mule to the defendants, and also costs after the first tender. Held, that the judgment of the lower court is correct, the right of the plaintiff to possession of the mule having been terminated by the tender.</p> <p>2. Same. Replevin. Right of third person to possession. Effect as to plaintiff.</p> <p>In the above-stated case the rights of L., the plaintiff, are not strengthened by the fact, if it be true, that the defendants are not entitled under their deed of trust to the possession of the mule, as against the grantor therein.</p>