83 Miss. 362 | Miss. | 1903
delivered the opinion of the court.
Young brought replevin on March 12, 1903, against Salley for “one sorrel blaze face mare,” and, as evidence in his behalf, offered the following paper:
“Sixty days after date I promise to pay D. B. Young $65.00 for one mare. The title of said mare is to remain in D. B. Young until paid for. This 8 July, 1902.
“T. J. X HARPER.”
To the introduction of this Salley objected on the sole ground of the insufficiency of the desrciption of the mare, and the court sustained the objection, and Young excepted. Young then offered to prove that the mare seized in the possession of Salley under the writ of replevin was the identical mare which was the subject of the conditional sale to Harper evidenced by the paper, but the court sustained objection to this on the ground that, “the instrument itself being void because there was no description of the property in controversy, the description cannot be supplied by parol testimony.” Young excepted to this ruling, and then offered to prove that Salley knew the “condition of the title to this property when he traded for the mare,” and objection was sustained to this, and exception taken, and there was a peremptory instruction for Salley.
The doctrine of ambiguities and voidness for uncertainty of description has no pertinency to this case. Young had the right to his own mare, whether found in the hands of Harper, his conditional vendee, or any purchaser from Harper, with or without notice of the reservation of title, unless — as is not the
Reversed and remanded.