Legal Opinion

McNeer v. Norfleet

Mississippi Supreme Court

Decided March 15, 1917PublishedCited by 9 opinions

Appeal from the circuit court of Panola county. PIoN. E. D. DiNKiNS, -Judg’e. Distress for rent by F. M. Norfleet and others against McNeer & Dodd and others, wherein the latter replevied the goods, and the former filed an avowry as assignee of a rent contract alleging a landlord’s lien, McNeer & Dodd filing a plea of recoupment alleging the landlord’s misrepresentation as to acreage. From a judgment for the avowments, defendants appeal.

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Appeal from the circuit court of Panola county. PIoN. E. D. DiNKiNS, -Judg’e. Distress for rent by F. M. Norfleet and others against McNeer & Dodd and others, wherein the latter replevied the goods, and the former filed an avowry as assignee of a rent contract alleging a landlord’s lien, McNeer & Dodd filing a plea of recoupment alleging the landlord’s misrepresentation as to acreage. From a judgment for the avowments, defendants appeal. The facts are fully stated in the opinion of the court. The very statutory rules of the “Landlord and Tenant” chapter with reference to the burden of proof…

1Opinion of the CourtEthkidge, J.

The appellees sued out a distress for rent against appellants in the circuit court of Panola county for the year 1914, and seized ninety bales of cotton. This attachment was founded on a contract between J. L. Eoseborough and the appellants, by which the appellants leased from- Eoseborough a plantation in Quit-man county for the years 1914, 1915, 1916, 1917, and 1918 for the sum of three thousand dollars per year. Appellants replevied the cotton, and the appellees, as assignees of the rent contract, filed an avowry under the chapter on Landlord and Tenant alleging that they had a landlord’s…

2Cases cited5 opinions

  1. Vincent v. CorbettMississippi Supreme Court · 1908
  2. Rimer v. DuganMississippi Supreme Court · 1860
  3. Estell v. MyersMississippi Supreme Court · 1876
  4. Porter v. StillMississippi Supreme Court · 1885
  5. Garner & Neville v. MyrickMississippi Supreme Court · 1855

3Cited by9 opinions

  1. McCain v. CochranMississippi Supreme Court · 1929
  2. Alexander v. MeekMississippi Supreme Court · 1923
  3. Ingraham v. Associated Oil Co.Washington Supreme Court · 1932
  4. Lundy v. HazlettMississippi Supreme Court · 1927
  5. Reed v. CharpingMississippi Supreme Court · 1949

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