DocketNumber: No. 29286.
Citation Numbers: 132 So. 737, 159 Miss. 861
Judges: <bold>Ethridge, P.J.,</bold> delivered the opinion of the court.
Filed Date: 3/9/1931
Status: Precedential
Modified Date: 1/12/2023
The Crumbley Grocery Company, a corporation, sued out a writ of replevin for certain property alleged to be wrongfully detained by H.F. Ferguson in district No. 2 of Jones county, Mississippi. The property described in the affidavit was: "3 Wooden Store Counters each about 8 ft. long, 2 1/2 ft. high 2 ft. wide, stained dark, each of the value of $15.00. 1 Wooden Store Counter about 8 Ft. Long, 2 1/2 ft. high 2 wide, not stained, of the value of $10.00. 1 Panel Shelving, dark stained, 6 tiers, about *Page 866 7 ft. high, 24 ft. long 4 brims attached to run, dark stained, of the value of $50.00. 1 Panel Shelving about 35 ft. long, 8 ft. high, containing 10 tiers, dark stained, of the value of $50.00, the same being the fixtures used by W.R. Edwards in his store on Cross St., in the City of Laurel, now located in said store, of the value of $50.00." The writ was issued, and the officer returned that he had taken possession of property and stored it in the W.R. Edwards old store. The justice of the peace held in favor of the defendant, and the case was appealed to the county court, where it was tried upon an agreed statement of facts. The facts pertinent to this decision are that W.R. Edwards acquired title in fee simple to a certain described lot in the city of Laurel in Jones county, and placed a brick building thereon "for the purpose of operating a general mercantile business therein;" that, after the completion of the said building, he purchased or made and placed in the building, solely for use in connection with his general mercantile business, three wooden store counters each about eight feet long, two and one-half feet high, and two feet wide, stained dark, one wooden store counter about eight feet long, two and one-half feet high, and two feet wide, not stained, one panel shelving, dark stained, etc. (describing the property as above recited), and that W.R. Edwards conveyed to the defendant, Ferguson, by warranty deed, describing by metes and bounds the real property above described; and that thereafter, until February, 1930, W.R. Edwards, the grantor of Ferguson, continued to occupy the said store building as lessee of the defendant, Ferguson, and operated his general mercantile business therein and used the property replevied in said store, and that Edwards caused the property replevied to be assessed to him on the personal assessment rolls of the county and state, and paid taxes thereon for two years, and that the property described in the affidavit was not assessed as such to the defendant, Ferguson; that in February, *Page 867 1930, W.R. Edwards was adjudicated a bankrupt; that on the 2d day of May, 1929, after the conveyance to Ferguson and before the bankruptcy, Edwards executed a deed of trust to the Crumbley Grocery Company, in which the property replevied herein was described and attempted to be conveyed. It was further agreed that the property replevied herein was not affixed or attached to the floor or the walls of the said store building, but that the property was securely and firmly fastened upon a base that rested upon the concrete floor, and the property replevied herein could be removed without physical injury to the store building or without injury to the property replevied.
It was further agreed before the sale of the property by Edwards to the defendant that he was indebted to the First National Bank of Laurel in the sum of two thousand dollars, and executed a deed of trust to the said bank conveying the real property described in the suit as security for the said indebtedness, that the store building was covered by a policy of insurance, and that the property replevied was covered by said policy, and was held by the First National Bank with a loss payable clause to it. It was further agreed that all necessary jurisdictional facts should stand as proven, and that the sole question presented here for decision is the title to the property replevied passed to the defendant, Ferguson, by warranty deed of Edwards.
The county court rendered judgment in favor of the Crumbley Grocery Company on this agreed statement of facts, and the cause was appealed to the circuit court, where the county court was reversed, and the cause remanded to the county court, with directions to enter the proper judgment for Ferguson, which it did. From this judgment another appeal was prosecuted to the circuit court, and there affirmed, from which judgment of the circuit court this appeal is prosecuted. *Page 868
In Richardson v. Borden,
In Owings v. Estes,
We think that the circuit court was correct in its judgment upon the agreed statement of facts, and the judgment is affirmed.
Affirmed.