Pearce v. DeGraffenreid

Citations

• 110 Miss. 465
• 70 So. 561

Syllabus

<p>Replevin. Sale of property. Collateral attack. Defective trust deed. Title.</p> <p>Where P. sold certain machinery to S. and took a deed of trust on the same to secure a part of the purchase money and S. failed . to pay, and the trustee under the trust deed instituted replevin under which the property was seized by the sheriff and sold to P., under Code 1906, section 4229, providing for the sale of property too expensive to keep, and after the levy under the 'replevin writ, execution was issued on a judgment in an action by D. against S. and placed in the hands of the sheriff, and P. filed his claimant’s affidavit in the execution proceedings, and D., contended that the trustee had not been legally appointed and that the description of the property in the trust deed was void for uncertainty. In such case D. could not question tbie validity of the judgment in the replevin suit; and as the replevin writ and the sale thereunder were void on the face of the record, and since P.’s lien was transferred from the property to the proceeds of the sale, P.’s title acquired by the sale was good as against D.</p>