
    J. H. Tipton, Trustee, v. W. C. Jones.
    A deed to a trustee to secure a debt due to the county court clerk is properly acknowledged before his deputy.
    Code cited: 2069, 2069a.
    Case cited and approved: Beaumont v. Yeatman, 8 Hum., 542.
    FROM LAKE.
    Appeal in error from Circuit Court, August Term, 1871. Hon. J. D. Porter, Jr., J.
    Donaldson and J. G. Smith, for plaintiff.
    W. H. Adams, for defendant.
    
      
      W. A. Bartlett was indebted to the firm • of Jas. C. Davis & Co., and to secure them executed to J. H. Tipton a deed in trust to certain personal property. E. G. Heines, the clerk of the County Court, was a member of the firm of Jas. C. Davis & Co., and the trust deed was acknowledged before his deputy. A yoke of oxen embraced in the deed came into the hands of the defendant, W. C. Jones, who being of opinion that the probate was defective, and the deed to the trustee therefore invalid, refused to deliver the oxen upon demand. Thereupon the trustee brought an action of replevin before a justice of the peace and recovered judgment, but upon appeal to the Circuit Court the Circuit Judge, when the facts were made known to him, upon motion, dismissed the suit. The plaintiff appealed in error to this court.
   Tuestey, J.,

delivered the opinion of the court.

The deed in trust is not made by nor to the clerk of the County Court, and is not such as is contemplated by sec. 2069 of the Code, and the Act of February 19, 1869, ch. 32.

The reasoning of Judge Turley in Beaumont & Irwin v. Yeatman, 8 Hum., 542, and which we adopt as the law of this case, is conclusive upon the question presented.

Reverse the judgment.  