Legal Opinion

A. C. Seavey & Sons v. Godbold

Mississippi Supreme Court

Decided October 15, 1910PublishedCited by 11 opinions

Appeal from the circuit court of Lincoln county. Hon. D. M. Miller, Judge. Suit by J. I. Godbold against A. C. Seavey and Sons et al. Prom a judgment for plaintiff defendant appeals. The facts as shown by the record are: That one Joe Keene rented land from appellee, Godbold, for the sum of one hundred dollars. It seems that he brought four bales of cotton to market, two of which were claimed to have been raised by his son, Luther Keene, on the land rented from appellee.

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Appeal from the circuit court of Lincoln county. Hon. D. M. Miller, Judge. Suit by J. I. Godbold against A. C. Seavey and Sons et al. Prom a judgment for plaintiff defendant appeals. The facts as shown by the record are: That one Joe Keene rented land from appellee, Godbold, for the sum of one hundred dollars. It seems that he brought four bales of cotton to market, two of which were claimed to have been raised by his son, Luther Keene, on the land rented from appellee. The Keenes, Joe and Luther, met Godbold in the city of Brookhaven, in compliance with a letter written by Godbold to Joe…

1Opinion of the CourtMayes, C. J.

Under the facts of this ease, Mr. Godblood has no' right to a judgment against appellants. What Godbold did amounted to a virtual appointment of the Keenes as his agents to make a sale of the cotton on which he had a landlord’s lien, and if they failed to carry out the trust thus reposed in them, and make due return of the proceeds, innocent .parties cannot he made to suffer on account thereof. Mr. Godbold testifies for himself, and is 'much to he commended for his frankness; but, taking his. own testimony, it conclusively shows that he is es-topped to deny' that the Keenes had authority to…

2Cited by11 opinions

  1. Planters Bank & Trust Co. v. SklarMississippi Supreme Court · 1990
  2. Judd v. Delta Grocery & Cotton Co.Mississippi Supreme Court · 1923
  3. Phillips v. ThomasMississippi Supreme Court · 1922
  4. Quiver Gin Co. v. LooneyMississippi Supreme Court · 1927
  5. Federal Land Bank v. Southern Credit Corp.Mississippi Supreme Court · 1940

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