The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-04-30
SUPREME COURT DECISIONS.
Reported Weekly by Jenkins d shot
well. AttOrEeys-at-I.aw.
April. TERN. 1881.
Il. +. BALDWIN, Trustee,

e. f. BALDWIN, Trustee, !
vs..
FLASH, PRESTON a. Co.,
Appeal from the Circuit Court OF Kinds
County, second District, Hon. s. s. Cal
hoon Judge.
In 1879 G. G. Parkman executed deed
of trust ON his stock of goods wares and
merchandise in the town of Bolton to +. e.
Baldwin Trustee for Brickham Il Moore,
to secure an indebtedness to the latter.
II was agreed and understood at the time
that the deed Of trust was to be withheld
from record so long as Parkman's creditors
did not press him. On the 18th Jan. 1880,
Baldwin, Trustee, was instructed ito seize
the gOods-whereupOn said Parkman by
written assignment surrendered the pos
session of the stock of goods to Baldwin to
be dealt with according to the terms of the
Deed of Trust. Before the goods were
seized by Baldwin, the Deed of Trust had
been duly recorded. After the said Trus-
tee had taken possession, Flash, Preston a.
Co., sued out an attachment before John
McGill Mayor of Jackson and levied Oh Il
part Of the goods in possession Of said
Baldwin. At trial Of said attachment the
jury found for the plaintiffs and the court
refusing new trial defendant appeals.
Wells a. Williamson for Appellant.
NJ. Green for Appellees.
CAMPBELL, j,
l. The objections to the writ of attach
ment us issued by justice of the peace ut
Jackson, and lreturnable, and returned
within less than 5 days after its issuance,
are without merit.
2. Treating the Deed of Trust as having
no validity us such with respect to third
persons not parties to it, because of its
non-registration, but regarding it as first
made when filed tor record, we discover
nothing in the transaction by which Bald
win received surrender of the goods for
the benefit and security of Brickham ~
Moore, except the very frequent occurrence
of Il transfer of goods by the debtor to pay
his creditors whom he prefers.
3. Parkman had perfect right before a
lien was fastened on the goods, to apply
them in good faith to the payment of any
of his creditors. Although the goods, were
surrendered, to be disposed of rs provided
by the Deed of Trust or rs il was modified
by the terms of the written transfer and
although the Deed of Trust may have been
invalid but may have been the inducing
cause of the surrender of the goods, it Is
certain that the transaction was delivery
of the possession Of the goods by Parkman
to baldwin to be disposed Of for Brickham
a. Moore who were creditors of Parkman.
II the Deed of Trust conferred no right on
Baldwin to the goods, their delivery did.
4. The instruction given the jury for
plaintiff cOrtravenes this view. Ii ignores
tl.aN .rfa MT frnt. of al
livery Of the goods to Baldwin for the ben
eft of Brickham a. Moore and announces
that Notwithstanding this that the jury
should upon the other facts in evidence
find for the plaintiff. 1t recites all the
facts in evidence, except those decisive Of
the issue aud directs the jury,i it believes
the facts recited, to lind for the plaintiff.
8. The 9th instruction asked by appel
liant should have been given. 1t places the
right Of Baldwin to the goods on the de-
livery to him Of them in trust for Brick
ham a. Moore before the levy of the attach
ment, and according to our view this Is the
true ground on which his claim rests.
o. If Parkman had never made the Deed
of Trust and had on 2sth Jan. 1880, de-
livered his goods to Baldwin, as trustee, to
sell and pay Brickham ~ More, as pre-
ferrcd creditors, the validity of the trans
action would not have been questioned.
1t would have been unassailable.
I. We treat the Deed of Trust as though
not executed until the day IL was filed for
record and regard the light Of Baldwin as
having sprung from the transaction which
invested him with the possession and
ownership Of the goods as the trustee for
the payment of Brickham a. Moore. That
invested him with title aud the Deed Of
Trust aud the writing executed by Park
man on surrendering the goods TO Bald
win served to define the trust and his pow