Munn v. Potter

Citations

• 111 Miss. 180
• 71 So. 315

Syllabus

<p>1. Chattel Mortgages. Possession. Right to. Validity. Compounding offense. Replevin. Evidence. Admissibility.</p> <p>Payment extinguishes mortgages or deeds of trust under Code 1906, section 2782, so providing.</p> <p>2. Chattel Mortgages. Validity. Compounding offense.</p> <p>If a deed of trust is executed in consideration of an agreement on the part of the beneficiary therein to compound a felony, it is void.</p> <p>3. Replevin. Evidence. Admissibility. .</p> <p>■ Since under Code 1906, section 4232, the general issue is the only plea allowed' in replevin, evidence showing the invalidity of the trust deed on which plaintiff bases his claim, on that it has been extinguished by payment is admissible under the plea of the general issue without special plea.</p>