Herman v. Perkins
Mississippi Supreme Court
Appeal from the Chancery Court of Winston Comity. Hon. C. A. Sullivan, Chancellor. All the material facts in this case are stated in the opinion -of the court. The following is assigned for error : “ Said decree only allowed a part of appellant’s debt. The ■decree should have been for the whole debt claimed.” Two questions are presented : 1. Had Perkins a prior lien on the crop. 2. Should part of appellant’s account be rejected as not -embraced in the statute.
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Appeal from the Chancery Court of Winston Comity. Hon. C. A. Sullivan, Chancellor. All the material facts in this case are stated in the opinion -of the court. The following is assigned for error : “ Said decree only allowed a part of appellant’s debt. The ■decree should have been for the whole debt claimed.” Two questions are presented : 1. Had Perkins a prior lien on the crop. 2. Should part of appellant’s account be rejected as not -embraced in the statute. Perkins did not take a cross-appeal, and can not insist upon bis priority of lien hero. 2 Smith’s Ch. Pr., 47. And the sole question…
1Opinion of the CourtSimrall, C. J.
John Spivy had given an agricultural lien, under the act “for the encouragement of agriculture,” of February 18, 1867 ; and also a deed of trust, including the crops, to Reese Perkins, to secure his obligations to pay certain amounts of cotton annually, for the purchase of the plantation. Part of the cotton, the products of the land, had been delivered to Reese Perkins — in discharge, in part, of Spivy’s obligation — -which was seized by H. Herman & Co., under a writ of sequestration.
Reese Perkins supported his right to the cotton on two grounds: 1st. Because his deed of trust was older than…
2Cited by6 opinions
- Wooten v. . HillSupreme Court of North Carolina · 1887
- Bush v. GarnerSupreme Court of Alabama · 1882
- Cook v. LigonMississippi Supreme Court · 1877
- Williams v. . DavisSupreme Court of North Carolina · 1922
- American Type Founders Co. v. NicholsTexas Supreme Court · 1919
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