Applewhite v. Nelms
Mississippi Supreme Court
From the chancery court of the second district of Carroll county. Hon. T. B. Graham, Chancellor. The case is stated in the opinion. It is admitted that Nelms has a lien upon the crops of the subtenant, but, under the familiar doctrine of marshaling securities, equity will compel him to first exhaust the estate of the tenants. It is not denied that Hunson, one of the joint renters, made more than enough cotton to pay the rent.
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From the chancery court of the second district of Carroll county. Hon. T. B. Graham, Chancellor. The case is stated in the opinion. It is admitted that Nelms has a lien upon the crops of the subtenant, but, under the familiar doctrine of marshaling securities, equity will compel him to first exhaust the estate of the tenants. It is not denied that Hunson, one of the joint renters, made more than enough cotton to pay the rent. He cannot, through .collusion with Nelms or caprice, refuse to pay the rent, and remit the landlord to the crops of the subtenant, who is ready and willing to pay…
1Opinion of the CourtCooper, J.
In the year 1890 the appellee, Nelms, was the owner of a certain tract of land which he contracted.to convey to Charles Dunson and Cal Rodgers, upon the payment by them of the purchase-price agreed on. lie made to them a bond for title to said land upon the payment of the purchase-price, and delivered to them the present possession of the land. As a part of the contract between the parties, and written in the body of the bond, it was agreed that if the purchase-price .should not be paid as stipulated, then Dunson and Rodgers were to pay to Nelms, as rent, five bales of cotton per annum, and…
2Cases cited3 opinions
- Bowen v. HoskinsMississippi Supreme Court · 1871
- Eason, Watkins & Co. v. JohnsonMississippi Supreme Court · 1891
- Warren & Montgomery Bros. v. JonesMississippi Supreme Court · 1892
3Cited by7 opinions
- Jacobson v. AtkinsSupreme Court of Arkansas · 1912
- Hooks v. BurnsMississippi Supreme Court · 1934
- Dale v. WebbMississippi Supreme Court · 1933
- Scott & Garrett v. Green River Lumber Co.Mississippi Supreme Court · 1917
- Sunburst Bank v. Findley (In Re Findley)United States Bankruptcy Court, N.D. Mississippi · 1987
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