Brooks v. Cunningham
Mississippi Supreme Court
Error to the circuit court of Rankin county. Hon, TJuiaii Millsaps, Judge. This was an action" of replevin, brought in December, 1870, by Cunningham against Brooks, to recover three bales of cotton, of the value of $225, and ten thousand pounds of seed cotton, of the value- of $500, which the declaration alleges that Brooks wrongfully took and detained from Cunningham.
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Error to the circuit court of Rankin county. Hon, TJuiaii Millsaps, Judge. This was an action" of replevin, brought in December, 1870, by Cunningham against Brooks, to recover three bales of cotton, of the value of $225, and ten thousand pounds of seed cotton, of the value- of $500, which the declaration alleges that Brooks wrongfully took and detained from Cunningham. The defendant pleaded not guilty, and on the trial, the verdict was for the plaintiff, finding the three bales of cotton to be of the value of $225, and the ten thousand pounds of seed cotton to be worth $550, and judgment was…
1Opinion of the CourtTAkbell, J.
Brooks being the owner of a plantation in the county of Nankin, leased the same to Cunningham, who agreed to pay rent at the rate of “ one bale of cotton, weighing five hundred pounds, for every twenty acres of land ” described. It ivas further agreed, that said “ bales of cotton are to be put üp from the early pickings, and delivered to Brooks, in good order as early as practicable, and which said bales of cotton are to all intents and purposes to belong to Brooks, and not subject to any lien made or given by Cunningham to any person whatsoever.”
Cunningham failing to pay according to…
2Cases cited3 opinions
- Valentine v. JacksonNew York Supreme Court · 1832
- Smith v. ColsonNew York Supreme Court · 1813
- Briscoe v. McElweenMississippi Supreme Court · 1871
3Cited by1 opinion
- Melick v. BenedictSupreme Court of New Jersey · 1881