Lumbley v. Gilruth
Mississippi Supreme Court
Appeal from the Circuit Court of Yazoo County. Hon. T. J. Wharton, Judge. About January 1, 1885, J. N. Gilruth leased his plantation to one Smith for five years. A few days afterwards Gilruth loaned Smith two hundred and forty bushels of corn to be used by the latter in making the crop of that year, the same to be returned to Gilruth at the end of the year or paid for at an agreed price.
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Appeal from the Circuit Court of Yazoo County. Hon. T. J. Wharton, Judge. About January 1, 1885, J. N. Gilruth leased his plantation to one Smith for five years. A few days afterwards Gilruth loaned Smith two hundred and forty bushels of corn to be used by the latter in making the crop of that year, the same to be returned to Gilruth at the end of the year or paid for at an agreed price. At the proper time Gilruth made demand for his corn, but Smith asked that •he be allowed till the end of the year 1886 to return the corn, as he •needed it to make the crop for that year. No corn was…
1Opinion of the Court
Campbell, J.,
delivered the opinion of the court..
The. landlord did not advance anything to his tenant within the meaning of § 1301 of the Code. He forebore to compel delivery of the corn or payment for it, and agreed that the tenant might pay at the end of the next year. To constitute “ advance,” the landlord must furnish, or cause to be furnished, something not before the tenant’s, and mere forbearance to demand something due him from the tenant in one year, does not give him a lien on the agricultural products of the leased premises for the next year, as. against one who has a deed of trust…
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