Legal Opinion

McMath v. M. Levy & Sons

Mississippi Supreme Court

Decided October 15, 1896PublishedCited by 1 opinion

From the circuit court of Leflore county. M. Levy & Sons brought replevin against McMath to recover the property in controversy. The evidence is sufficiently stated in the opinion of the court. The court below gave a peremptory instruction for plaintiff; a verdict and judgment having been rendered in accordance therewith, defendant appealed.

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From the circuit court of Leflore county. M. Levy & Sons brought replevin against McMath to recover the property in controversy. The evidence is sufficiently stated in the opinion of the court. The court below gave a peremptory instruction for plaintiff; a verdict and judgment having been rendered in accordance therewith, defendant appealed. The gin stand, condenser, and feeder were fixtures, not removable by the tenant, and no unexpressed intention of the tenant could make them anything else. Tate v. Blacliburne, 48 Miss., 1. Being fixtures passing with the land, the unrecorded bill of sale…

1Opinion of the CourtWoods, C. J.

The simple question presented by this appeal is, may a purchaser from a tenant who bought and put upon leased premises —a plantation — a gin, condenser, etc., with the intention of removing them at pleasure, remove and hold them against the landlord ? The question is easily answered. Against the general doctrine of fixtures made by one upon the premises of another, there have always been generous exceptions in favor of trade, manufactures, and, as in the case before us, tenants. The placing of gins, condensers, etc., on plantations cultivated largely in our staple product, cotton, are…

2Cited by1 opinion

  1. Winner v. WilliamsMississippi Supreme Court · 1903

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