Legal Opinion

Hollingsworth v. Hill

Mississippi Supreme Court

Decided October 15, 1891PublishedCited by 1 opinion

From the circuit court of Yazoo county. Hon. J. B. Chrisman, Judge. For several years prior to 1890 B. G. Hudson had rented to J. A. Hill a plantation, and each year made advances of supplies, and at the beginning of each year Hill was accustomed to secure any past-due debt and the rent and supplies for the ensuing year by a trust-deed on all the crops to be grown on the plantation, and all the interest or shares he might have in such crops.

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From the circuit court of Yazoo county. Hon. J. B. Chrisman, Judge. For several years prior to 1890 B. G. Hudson had rented to J. A. Hill a plantation, and each year made advances of supplies, and at the beginning of each year Hill was accustomed to secure any past-due debt and the rent and supplies for the ensuing year by a trust-deed on all the crops to be grown on the plantation, and all the interest or shares he might have in such crops. At the close of the year 1889 he executed three notes for $1,250 each, due in December, 1890, and January, 1891. A trust-deed was executed of the…

1Opinion of the CourtCampbell, C. J.

The court erred in instructing for the appellees. They claim, under J. A. Hill, and have no greater right than he has, and it is clear that as against him the appellant was entitled to recover the cotton. Hill had expressly stipulated that Hudson might apply payments as he saw proper, and he had so applied them as to leave the account for advances unpaid. It was a lien on the cotton superior to any claim derived from dealing with Hill.

When the tenant, ’Squire Jefferson, abandoned the premises he had leased and Dr. -Hill took possession, as he had the legal right to do, he proceeded, as well…

2Cited by1 opinion

  1. Fuller v. RippieSupreme Court of Oklahoma · 1917

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