Kendrick v. Watkins
Mississippi Supreme Court
Error. to tbe Circuit Court of Monroe County. Hon. B. B. BOONE, Judge. contended that the decision must be for the plaintiff in attachment or sheriff, and against the plaintiff in replevin on the plea in abatement.
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Error. to tbe Circuit Court of Monroe County. Hon. B. B. BOONE, Judge. contended that the decision must be for the plaintiff in attachment or sheriff, and against the plaintiff in replevin on the plea in abatement. Code 1871, c. 16, and § 1631; Maxey v. White, 53 Miss. 80. 1. Where the goods or chattels are found in or upon the demised premises, and are claimed by a third person, he must pursue the special remedy prescribed by § 1631 Code 1871; but if the goods are not found in or upon the demised premises, his remedy for the recovery of possession is by the ordinary writ of replevin. The…
1Opinion of the CourtChalmers, J.
This case presents another instance of the practice, which seems to be so common, and which we took occasion to condemn in the case of Maxey v. White, 53 Miss. 80, of bringing the ordinary action of replevin to assert a right to property which has been seized under air attachment for rent. It is surprising that this erroneous practice should be so frequent, in view of the plain language of the statute, which declares that no persoir claiming title to property distrained for rent shall in any manner assert a claim thereto, except in the peculiar mode pointed out by § 1631 Code 1871.
It is…
2Cases cited1 opinion
- Maxey v. WhiteMississippi Supreme Court · 1876
3Cited by7 opinions
- Bond v. Terrell Cotton & Woolen Manufacturing Co.Texas Supreme Court · 1891
- Hill County v. Bryant & HuffmanTexas Supreme Court · 1929
- McNeely v. Y. & M. V. R. R.Mississippi Supreme Court · 1919
- Shuler v. L. Grunewald Co.Mississippi Supreme Court · 1917
- Gibson v. LockMississippi Supreme Court · 1880
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