Richardson v. McLaurin
Mississippi Supreme Court
From the circuit court of Rankin county. Hon. A. Q-. Mayers, Judge. Cocke & Ward were merchants occupying a store-house belonging to Richardson & May,- and, while in arrears for the rent, made an assignment of their stock of goods for the benefit of creditors. Appellee, McLaurin, purchased the stock from the assignee, paying therefor, as is admitted, a reasonable price, and taking possession.
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From the circuit court of Rankin county. Hon. A. Q-. Mayers, Judge. Cocke & Ward were merchants occupying a store-house belonging to Richardson & May,- and, while in arrears for the rent, made an assignment of their stock of goods for the benefit of creditors. Appellee, McLaurin, purchased the stock from the assignee, paying therefor, as is admitted, a reasonable price, and taking possession. Richardson & May, the landlords, thereupon obtained an attachment for rent, and levied on' the stock which had not been removed from the leased premises. McLaurin, at the time of his purchase, knew that…
1Opinion of the CourtCampbell, C. J.
In Marye v. Dyche, 42 Miss., 347, it was held that the tenant might dispose of his goods on the leased premises so as to defeat a subsequent attachment of them by the landlord upon the premises, notwithstanding the existence of a claim *72for rent, and a knowledge of it by the person dealing with the tenant; and in Stamps v. Gilman, 43 Miss., 456, this view was re-affirmed with greater elaboration than in the former case. The decisions were placed on the ground that the landlord had no lien or greater right than any other creditor, except the right to attach; and, until he did so, the tenant…
2Cases cited5 opinions
- Henry v. DavisMississippi Supreme Court · 1882
- Stamps v. Gilman & Co.Mississippi Supreme Court · 1871
- Marye v. John T. Dyche, Gates, Gillespie & Co.Mississippi Supreme Court · 1869
- Patty v. BogleMississippi Supreme Court · 1882
- Cooper v. BakerMississippi Supreme Court · 1877
3Cited by4 opinions
- Dixie Fire Insurance Co. v. American Bonding Co.Supreme Court of North Carolina · 1913
- Insurance Co. v. . Bonding Co.Supreme Court of North Carolina · 1913
- White v. Miazza-Woods Const. Co.Mississippi Supreme Court · 1920
- Rollings v. RosenbaumMississippi Supreme Court · 1933