Neal v. Allison
Mississippi Supreme Court
Appeal from the Chancery Court of Madison County. Hon, Samuel Young, Chancellor. The opinion of the court contains a sufficient statement of the case. 1. Horn being tenant, from year to year, of Neal, and failing to pay rent, an attachment lay.
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Appeal from the Chancery Court of Madison County. Hon, Samuel Young, Chancellor. The opinion of the court contains a sufficient statement of the case. 1. Horn being tenant, from year to year, of Neal, and failing to pay rent, an attachment lay. Taylor’s Landlord & Tenant, p. 423, § 564. Continued occupancy with consent of the landlord, after one year at fixed rent, fixes the rate for the continued lease. 2. Whether an attachment lay in favor of Neal against Horn is not material in this controversy, for, if complainant below had no right to the subject matter of the litigation as against Neal,…
1Opinion of the CourtSimrall, J.
This is a contestation between Neal, the landlord, and Hugh Allison, survivor, over the proceeds of five bales of cotton, which *177bad been attached by Neal for rent in arrear from Horn, his tenant.
Allison claims under a mortgage given upon the crop to secure an old balance of $140 and interest, and the further sum of $800, to be advanced to make the crop of 1873.
It was shown that Allison has realized $548.15, proceeds of •cotton shipped to him, besides three bales not accounted for and credited. It is, agreed, however, that there is a general balance of $180 due Allison, after crediting these…
2Cases cited1 opinion
- McLaughlin v. GreenMississippi Supreme Court · 1873
3Cited by4 opinions
- Love v. LawMississippi Supreme Court · 1880
- Nichols, Shepherd & Co. v. KnowlesU.S. Circuit Court for the District of Minnesota · 1881
- Peoples Bank v. GoreMississippi Supreme Court · 1937
- Windsor v. KennedyMississippi Supreme Court · 1876