McGill v. Howard
Mississippi Supreme Court
Appeal from the Circuit Court of Wilkinson County. Hon. J. B. Chrisman, Judge. E. A. McGill, the appellant, brought an action of replevin against Howard, appellee, for two bales of cotton. The appellant claimed under a chattel mortgage on the cotton for supplies. Howard was the tenant of one Feltus, and it was proved on the trial that he owed his landlord for rent and supplies. The landlord did not assert his claim.
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Appeal from the Circuit Court of Wilkinson County. Hon. J. B. Chrisman, Judge. E. A. McGill, the appellant, brought an action of replevin against Howard, appellee, for two bales of cotton. The appellant claimed under a chattel mortgage on the cotton for supplies. Howard was the tenant of one Feltus, and it was proved on the trial that he owed his landlord for rent and supplies. The landlord did not assert his claim. The court gave the following instruction for the, defendant: “If the jury believe from the evidence that the cotton seized was raised on land rented by defendant from Eeltus, and…
1Opinion of the CourtCampbell, C. J.
The appellant was clearly entitled to the possession of the two bales of cotton, as against the appellee, who could not assert against him the right of a third person to a lien on the cotton as a bar to the appellant’s right to the possession. If the appellee did owe his landlord, who had a lien on the cotton, that did not present a reason why the appellant should not recover it from him, as against whom ,he had the right of possession, even though when recovered he would hold it subject to the lien of the landlord. The right of the landlord was not a right of property in the cotton, but a…
2Cited by2 opinions
- Conrad Mercantile Co. v. SilerMontana Supreme Court · 1925
- Farmers' Cotton Finance Corp. v. GreenNew Mexico Supreme Court · 1930