Pollard v. Thomas

Citations

• 61 Miss. 150

Syllabus

<p>1. Trust Deed. Beneficiary’s right. Law suit.</p> <p>A beneficiary in a chattel trust deed can maintain no action at law in his own name for the proceeds of the chattel, but should sue in the name of tlje trustee. Loweriburg v. Jones, 56 Miss. 688, followed; Bison v. Barrier, 56 Miss. 394, explained.</p> <p>2. Equity. Action. Defense.</p> <p>The right of an equitable owner of a debt to plead his equity in a lawsuit brought against him by the debtor, in the manner stated in Aslibp v. Garr, 40 Miss. 64, is purely defensive, and cannot be made the basis of an action.</p>