Legal Opinion

Ellis v. Jones

Mississippi Supreme Court

Decided October 15, 1892PublishedCited by 3 opinions

Erom the circuit court of Nankin county. Hon. A. G-. Mayers, Judge. This action was brought by E. H. Jones, as agent for his wife, Emma Jones, to recover of W. C. Ellis $129.79, the value of certain agricultural products grown upon her laud, and upon which she claimed, under § 1301, code 1880, a lien to that amount for supplies, which products had been purchased by Ellis. The evidence is sufficiently stated in the opinion. There was a peremptory instruction for plaintiff.

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Erom the circuit court of Nankin county. Hon. A. G-. Mayers, Judge. This action was brought by E. H. Jones, as agent for his wife, Emma Jones, to recover of W. C. Ellis $129.79, the value of certain agricultural products grown upon her laud, and upon which she claimed, under § 1301, code 1880, a lien to that amount for supplies, which products had been purchased by Ellis. The evidence is sufficiently stated in the opinion. There was a peremptory instruction for plaintiff. Judgment accordingly, and defendant appeals. ' The supplies were not furnished by plaintiff through the firm of D. H. & H.…

1Opinion of the CourtCooper, J.

The peremptory instruction given for the plaintiff should! have been refused, and that asked by the defendant should have been given.

There is no evidence that the plaintiff ever advanced any supplies to her tenant, Lee "Williams.

The evidence is that the firm of D. II. & H. Jones, of which, her husband was a member, advanced supplies to Williams,, taking as security a deed of trust on his crop and other-property, and, after this suit had been instituted, charged to-Mrs. Jones the amount of Williams’ account. Mrs. Jones,, on January 1, 1891, wrote to D. II. & H. Jones that “if any of the…

2Cases cited2 opinions

  1. Montgomery v. Kellogg & SanduskyMississippi Supreme Court · 1871
  2. Gaines v. KeetonMississippi Supreme Court · 1891

3Cited by3 opinions

  1. Carberry v. HowellMississippi Supreme Court · 1917
  2. Ware v. MartinMississippi Supreme Court · 1951
  3. Moak v. MoakMississippi Supreme Court · 1928

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