Love v. Law
Mississippi Supreme Court
Ekbob to the Circuit Court of Madison County. Hon. S. S. CalhooN, Judge. A writ of seizure, sued out by the defendant in error before a justice of the peace, for seventy-five dollars, rent for the year 1879, was levied on cotton raised upon the premises occupied by tbe plaintiff in error, who defended on the grounds that bis wife held a deed to the land, executed in 1873, and that in December, 1878, at the close of the fourth year of his occupancy, he had notified the…
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Ekbob to the Circuit Court of Madison County. Hon. S. S. CalhooN, Judge. A writ of seizure, sued out by the defendant in error before a justice of the peace, for seventy-five dollars, rent for the year 1879, was levied on cotton raised upon the premises occupied by tbe plaintiff in error, who defended on the grounds that bis wife held a deed to the land, executed in 1873, and that in December, 1878, at the close of the fourth year of his occupancy, he had notified the plaintiff that he would rent the premises no longer.. The plaintiff proved that the defendant had been in possession of the…
1Opinion of the CourtCampbell, J.
To entitle a landlord to a writ of seizure, under “ An Act to provide for Agricultural Liens, and for other purposes,” approved April 14, 1876 (Acts 1876, p. 109), it is not necessary that there should have been an express contract to pay rent. The act creates a lien “ for the rent agreed to be paid ; ” but an agreement may be implied, and the word “ agreed ” embraces an agreement implied by the conduct of the parties. Upon the facts disclosed by the record, the landlord could *598maintain a distress for rent. It is firmly established that where a tenant continues to occupy land which he has held…
2Cases cited1 opinion
- Neal v. AllisonMississippi Supreme Court · 1874
3Cited by7 opinions
- Miss. State Dept. of Public Welfare v. HowieMississippi Supreme Court · 1984
- Tonkel v. RitemanMississippi Supreme Court · 1932
- Johnson v. LangstonMississippi Supreme Court · 1937
- Crechale & Polles, Inc. v. SmithMississippi Supreme Court · 1974
- Hamilton v. Federal Land BankMississippi Supreme Court · 1936
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