Maxey v. White
Mississippi Supreme Court
Error to the Circuit Court of Lauderdale County. Hon. R. Leachman, Judge. R. W. Maxey, the plaintiff in error, instituted a proceeding by attachment for rent against E. E. White, the defendant in error, under § 1622 of the Rev. Code of 1871. The defendant replevied the attached goods under § 1680 of the Code of 1871, which provides as follows : — “ The tenant or defendant, Ms executors or administrators, may replevy the goods and chattels distrained for rent at any time…
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Error to the Circuit Court of Lauderdale County. Hon. R. Leachman, Judge. R. W. Maxey, the plaintiff in error, instituted a proceeding by attachment for rent against E. E. White, the defendant in error, under § 1622 of the Rev. Code of 1871. The defendant replevied the attached goods under § 1680 of the Code of 1871, which provides as follows : — “ The tenant or defendant, Ms executors or administrators, may replevy the goods and chattels distrained for rent at any time before sale thereof; but, before any writ of replevin shall be granted in such case, he shall enter into bond, to be…
1Opinion of the CourtCampbell, J.
Maxey sued out an attachment for rent against E. E. White and H. White, which was levied on three bales of cotton, and about one thousand pounds of seed cotton in the patch, on the 15th of November, 1873. On the 17th of November, 1873, a bond was executed by E. E. White, with sureties, as prescribed by law for a tenant to replevy property distrained for rent; and a writ of replevin was issued by the circuit clerk, directed to the sheriff who had levied said attachment for rent, commanding him “ to restore the said three bales of cotton to the possession of the said E. E. White,” and to summon…
2Cases cited1 opinion
- Towns v. BoarmanMississippi Supreme Court · 1851
3Cited by3 opinions
- Kendrick v. WatkinsMississippi Supreme Court · 1877
- Smith v. JonesMississippi Supreme Court · 1887
- Strauss v. SmithNew Mexico Supreme Court · 1896