Barrett v. Cole
| Decision Date | 28 May 1917 |
| Citation | 114 Miss. 546,75 So. 381 |
| Court | Mississippi Supreme Court |
| Parties | BARRETT v. COLE |
March 1917
APPEAL from the circuit court of Forest county, HON. PAUL B JOHNSON, Judge.
Suit by W. C. Cole against A. S. Barrett and another, in which an execution was levied on property claimed by Pauline Barrett. From a judgment for plaintiff, the claimant appeals.
The facts are fully stated in the opinion of the court.
Judgment reversed, and cause remanded.
D. W. Draughn, for appellant.
There is but one proposition in this case and that is, was Pauline Barrett's piano liable for the debt of her father? I submit that a minor in Mississippi can own property. If this is true Pauline Barrett was the owner of the piano in question. If the court thinks that this little girl should have her piano, then reverse this case and enter judgment for her.
R. S. Hall and D. M. Watkins, for appellee.
It can be seen clearly by the court that the attempt to place this property, to wit, the Fischer Piano, beyond the reach of this creditor, appellee, was but a subtle web. "What a subtle web we weave when first we purpose to deceive."
The court below, desirous that justice be done, granted a peremptory instruction for appellee. A view of the record in this case amply supports the action of the court below. Substantial justice was done. Clearly the property levied on was subject to the writ of execution, based on the judgment of W. C. Cole against A. S. Barrett. We therefore submit that the judgment in this cause should be affirmed.
W. C Cole sued A. S. Barrett and Mrs. Jessie Barrett in a justice of the peace court and obtained judgment for fifty-one dollars and seventy-five cents on April 21, 1913. In 1915 an execution was sued out on this judgment, and one Standard Fisher piano levied upon. Pauline Barrett, daughter of the defendant in execution, filed a claimant's issue, claiming that the piano levied upon was her property. Plaintiff in execution, to prove liability of the piano to execution, introduced testimony to show that the piano was sold to A. S. Barrett on the 20th day of September, 1909, and that Barrett paid for the piano. The plaintiff claimed that Barrett stated to him, when he began trading with him, that he had "a nice Fisher piano, a piece of land somewhere, and one thousand dollars in the bank;" and also that Barrett had at some time given a deed of trust upon the piano. The claimant introduced the assessment roll, showing the piano assessed to her;...
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