Alsup v. Banks
Mississippi Supreme Court
Fp.om the chancery court of Tunica county. HoN. W. R. Trigg, Chancellor. On the 4th day of December, 1888, N. M. Alsup leased from R. M. & H. Banks certain agricultural lands in Tunica county, Mississippi, for the term of’five years, at and for the sum of $4290 to be paid for the year 1889, and for the remaining four years he was to pay $4417.50 annually.
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Fp.om the chancery court of Tunica county. HoN. W. R. Trigg, Chancellor. On the 4th day of December, 1888, N. M. Alsup leased from R. M. & H. Banks certain agricultural lands in Tunica county, Mississippi, for the term of’five years, at and for the sum of $4290 to be paid for the year 1889, and for the remaining four years he was to pay $4417.50 annually. The lessee took possession of the premises under this lease, and in October of the first year he died, having raised a crop on the place. The appellant, J. H. Alsup, qualified as the administrator of his estate. In December of that year he…
1Opinion of the CourtWoods, J.
That the demurrer to the cross-petition was properly overruled is too clear to require any remark.
Equally non-maintainable is the proposition that the contract of lease was terminated by the death of the lessee, and that no suit *667to enforce tbe same could be prosecuted against bis administrator. That a contract of lease for a very valuable plantation, running for a term of five years, does not fall in tbe small class of contracts ended by tbe death of tbe lessee, is perfectly clear. Tbe execution of this contract was not with reference to a business which could not be carried on without tbe…
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