McPherson v. Acme Lumber Co.

Citations

• 70 Miss. 649

Syllabus

<p>1. Conditional Sale. Title reserved. Assignment, of debt. Replevin by seller.</p> <p>Where the seller of personal property has reserved title to secure the purchase-money, evidenced by notes, he may, after default, bring replevin for the property, notwithstanding he has indorsed the notes, and suits are pending' thereon against the vendee by the indorsees. The seller can ■ enforce the security, hut he will hold the property or proceeds in trust for the owners of the notes. The court has ample power to protect the defendant from being compelled to pay twice.</p> <p>2. Keplevin. Forthcoming bond. Destruction of property.</p> <p>It is no defense in replevin that the property in controversy, without fault of defendant, who had given bond therefor, was burned while in bis possession. George v. Hewlett, ante, 1.</p>