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Stephen Cooke, for the Use of the Commercial Bank of Columbus, Mississippi, Plaintiff in error, v. Joseph A. Halsey and others, Defendants in error U.S. 71 (1842)

handle is hein.slavery/ussccases0337 and id is 1 raw text is: JANUARY TERM, 1842. STEPHEN COCKE, FOR THE USE OF THE COMMERCIAL BANK OF COLUMBUS, MIssISSIPPI, PLAINTIFF IN ERROR, V. J SEPH A. HALSEY AND OTHERS, DEFENDANTS IN ERROR. The constitution of Mississippi declares that clerks of the Circuit Court, Probate, and othey inferior Courts, shall be elect by the electors of the county for two years. The legis- lature of Mississippi, by statute, declared that when, from sick ness, or other unavoidable causes, the clerk of the Probate Court shall be unable to attend the Court, the judge of Probate may appoint a person to act as clerk pro tempore, who shall take an oath faithfully to execute the duties of the office, &c. Deeds of trust and mortgages are declared to be void against creditors and purchasers, unless they shall be acknow- ledged or proved, and delivered to the clerk of the proper Court to be recorded ; and they shall be valid only from the time they are so delivered to the clerk. Robert D. Haden was elected clerk of the Court of Probate, for the county of Lowndes, and during the two years for which he was so elected, h went to the state of Tennessee on business; and being absent when the Court of Probate sat, William P. Puller was, by the judge of the Court of Probate, appointed the clerk pro tempore; and having taken the oath of office, he executed the-duties of clerk during the session of the Court, and afterwards, until the return of the regulari4 elected clerk. After the adjournment of the Court, a deed of trust, duly executed, by which certain per- sonal property was'conveyed for the benefit of creditors, was delivered to William P. Puller, and was by him entered for record. An execution was levied on the property thus conveyed by a creditor of the party who had executed the deed : the regularity of the recording of the deed was denied, on the ground that the clerk of the Probate Court pro tempore, had no authority to receive the deed of trust for record after the adjournment of the Court of Probate. Held, that the clerk pro tempore was authorized to record the deed of trust, under the constitution and law of Mississippi. In every Insiance in'which a tribunal has decided upon a matter within its regular jurisdiction, its decision must be presumed proper, and is binding until reversed by a superior tribunal; and cannot be affected, nor the rights of persons dependent upon it be impaired, by any collateral proceeding. Cases cited, Thompson v. Tolmie, 2 Peters, 157 ; 'i'he United States v. Arredondo, 6 Peters, 720; Voorhees v. The Bank of the United States, Ibid. 473; The Philadelphia and Trenton Rail Road Company v. Stimpson, 14 Peters, 458. IN error to the Circpit Court of the United States for the south- em district of Mississippi. On the 24th March, 183S, James Carter and Company executed a deed of trust to William L. Moore, for the purpose of secu'ing the payment of certain sums of money to the Commercial Bank of Columbus; by which they conveyed, among other thihgs,

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