Mississippi Supreme Court February 6, 1956, No. 39933; No. 39934 (Oates v. McSwain)

Ethridge, J.

For purposes of this decision, these two cases are consolidated. In No. 39,934, on August 17, 1954, appellant-trustee O. M. Oates filed an affidavit in replevin in the Circuit Court of the Second Judicial District of Jasper County. It recited that the described property was covered by a deed of trust, under which the affiant as plaintiff was trustee.