Williams v. Devine

Citations

• 52 Miss. 139

Syllabus

<p>1. Replevin : Pleadings therein. Case in judgment.</p> <p>Two junior trust deeds were executed to different beneficiaries. Each trustee-took possession of part of the property conveyed. The trustee in the senior and superior trust deed brought replevin for the property, making but one affidavit, etc. But one writ was issued, which was levied upon all the property in the hands of both trustees. Each trustee executed a separate bond. and retained -possession of the property. But one declaration was filed, against both trustees jointly, who jointly filed the plea of general issue. In this form the case was presented to the court for trial, which rendered-two separate judgments against both trustees for different amounts. Held, that these double verdicts, being rendered upon but one declaration, with but one plea, are void; that there should have been either two declarations, or-but one judgment, and that this error is not cured, after verdict, by the statute-of jeofails.</p>