Mitchell v. McDavitt, James & Co.

Citations

• 70 Miss. 608

Syllabus

<p>1. Sale; Fraud. Evidence. Verdict unsupported.</p> <p>Where a claimant of personal property seized under execution, introduces in evidence a bill of sale from the debtor-, executed prior to the date of the judgment, conveying the proxierty to him in part satisfaction of a trust-deed, and the testimony of the claimant and the debtor in support of the transaction is not unreasonable or improbable, and not contradicted by any positive evidence, a judgment lor plaintiff should be set aside as unsupported, although the property was found in defend- . ant’s x>ossession, and there were circumstances that, unexplained, might have cast a susx>icion on the good faith of the sale.</p> <p>2. Practice. Claimant’s issue. Appeal to circuit court. New affidavit.</p> <p>In such case, the fact that the claimant, through mistake, made affidavit in the justice court, claiming as trustee in the trust-deed, and, after appeal to the circuit court, filed an amended affidavit claiming as agent for the beneficiary, was of no importance, and should not operate to his prejudice.</p>