Kyzer v. Middleton
Mississippi Supreme Court
Appeal from the Circuit Court of Lincoln County. Hon. J. B. Chrisman, Judge. The facts are stated in the opinion. 1. The declaration stated a cause of action arising under § 1311 of the Code of 1880, and the demurrer should not have been sustained ; and for this reason we insist the judgment should be reversed. 2. Kyzer leased the land from Middleton, who was then owner, the first of January, 1880, and the rent was to become due January 1, 1881. On the 9th of February, 1880,…
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Appeal from the Circuit Court of Lincoln County. Hon. J. B. Chrisman, Judge. The facts are stated in the opinion. 1. The declaration stated a cause of action arising under § 1311 of the Code of 1880, and the demurrer should not have been sustained ; and for this reason we insist the judgment should be reversed. 2. Kyzer leased the land from Middleton, who was then owner, the first of January, 1880, and the rent was to become due January 1, 1881. On the 9th of February, 1880, Middleton by absolute deed, without any reservation of rent, conveyed the leased premises to Hyman. These facts…
1Opinion of the CourtChalmers, J.
Middleton sued out an attachment for rent against Kyzer upon affidavit that the rent was not due, but that the tenant was removing his property from the demised premises so that no distress could be made. Code of 1880, § 1304.
Property to the amount of one hundred and thirty-five dollars was seized and sold under this writ; and subsequently Kyzer brought the present action upon the attachment bond given by Middleton to recover damages in double the amount for which the property was sold, as indicated by § 1311 of Code of 18801
The action cannot be maintained. It is confined by its terms to…
2Cited by1 opinion
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