Bloodworth v. Stevens
Mississippi Supreme Court
Error to tbe Circuit Court of Tallahatchie County. Hon. E. S. Fisher, Judge. Plaintiff in error rented to tbe defendant’s intestate certain lands for 1872, for $495, and tbe intestate died before tbe debt matured; defendant in error, as administratrix, distrained for tbe unpaid rents, $361. Levy was made. Plaintiff in error replevied tbe property taken, returnable to tbe circuit court at tbe October term, 1873. Plaintiff filed a declaration in replevin.
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Error to tbe Circuit Court of Tallahatchie County. Hon. E. S. Fisher, Judge. Plaintiff in error rented to tbe defendant’s intestate certain lands for 1872, for $495, and tbe intestate died before tbe debt matured; defendant in error, as administratrix, distrained for tbe unpaid rents, $361. Levy was made. Plaintiff in error replevied tbe property taken, returnable to tbe circuit court at tbe October term, 1873. Plaintiff filed a declaration in replevin. Defendant made avowry of tbe debt ; pleaded that no part of tbe debt was due. Plaintiff offered to prove, by his own evidence, tbe contract…
1Opinion of the CourtSimrall, J.
W. E. Stevens, administratrix of Wiley H.- Stevens, deceased, averred the taking of the six bales of cotton by an attachment for rent, sued out by her as administratrix, against Bloodworth.
The tenant pleaded no rent due, and filed a notice that on the trial he would introduce evidence to show the damages arising from the nonperformance (by the intestate or said administratrix) of the contract of the intestate to repair the fencing on the demised premises, and keep the stock off the lands cultivated by him.
On the trial, it was proved that Bloodworth leased from Wiley H. Stevens, the intestate,…
2Cases cited4 opinions
- Fairman v. FluckSupreme Court of Pennsylvania · 1836
- M'Crelish v. ChurchmanSupreme Court of Pennsylvania · 1833
- Wright v. LattinIllinois Supreme Court · 1865
- Van Wicklen v. PaulsonNew York Supreme Court · 1853
3Cited by11 opinions
- Cooper v. StateMississippi Supreme Court · 1994
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- Ames Iron Works v. ReaSupreme Court of Arkansas · 1892
- Melchor v. CaseyMississippi Supreme Court · 1935
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