Parberry v. Johnson & Co.

Citations

• 51 Miss. 291

Syllabus

<p>1. Mechanic’s Lien : Deed of trust; case in judgment.</p> <p>J. & Co. held a mechanic’s lien on a lot and building belonging to P. J, one of the firm of J. & Co., held an individual debt against P. and took a deed in trust, jointly with others, to secure the debts of the several persons on the property of P., and in the deed included the property upon which J. & Co. held the mechanic’s lien, and also including the debt secured by the mechanic’s lien. Held, that this transaction between J. and P. did not release the mechanic’s lien to J. & Co., who subsequently brought suit to enforce the mechanic’s lien on the property.</p> <p>2. Same : Same : Accord and satisfaction.</p> <p>The acceptance of a deed of trust by J. to secure his individual debt, could not release the mechanic’s lien upon the property included in the deed of trust in favor of J. & Co., any more than if J. had been an entire stranger. The transaction of J., not being in the name of the firm, or by any agreement, express or implied, in behalf or for the benefit of the firm, the case stands upon legal effect of the trust deed. The trust deed and the acceptance of it by J. cannot, as to J. & Co., be held as an accord and satisfaction, as it contained no words of release.</p>