54 So. 837 | Miss. | 1910
delivered the opinion of the court.
This is an action of replevin by 'the appellee, K-. H. Huff, against the appellant, D. P. Vaughn, and his son, W. B. Vaughn, which was dismissed by the court below as to the latter. ’ A judgment was rendered in favor of appellee against the appellant for thé possession of the property involved, from which appellant prosecutes this appeal.
The appellee, for the purpose of securing an indebtedness due by him to the appellant, executed a deed of trust on the property involved to W. B. Vaughn, as trus
The appellant moved the court for a peremptory instruction in his favor, which was denied. This instruction should have been given. There was no issue of fact as to the possession of the property for the jury to try. Without any conflict whatever, the evidence shows that, at the time of the institution of the suit, and the levy of the writ, the trustee, W. B. Vaughn, had possession of the property, and not the appellant. Nor is there any conflict in the evidence as to whether the forthcoming bond was executed by the appellant. The trustee, W. B.
Reversed and remanded.