Fitzgerald v. Fowlkes
Mississippi Supreme Court
Aureal from Circuit Court of Chickasaw County. Hon. J. W. BuchaNAN, Judge. On the 14th of April, 1882, J. C. Fitzgerald sued out a writ of attachment against Mace Fowlkes, upon an affidavit alleging that Fowlkes was indebted to him to a certain extent for the rent of a certain tract of laud, for the year 1881, and for supplies furnished Fowlkes during that year.
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Aureal from Circuit Court of Chickasaw County. Hon. J. W. BuchaNAN, Judge. On the 14th of April, 1882, J. C. Fitzgerald sued out a writ of attachment against Mace Fowlkes, upon an affidavit alleging that Fowlkes was indebted to him to a certain extent for the rent of a certain tract of laud, for the year 1881, and for supplies furnished Fowlkes during that year. The writ was levied upon five bales of cotton, which were left in the possession of Fowlkes, he giving a replevin bond therefor, as authorized by the statute. Fowlkes then filed his declaration in replevin ; and Fitzgerald, for a plea…
1Opinion of the CourtCampbell, C. J.
The ruling of the Circuit Court in this case involved the affirmation of the proposition that the remedy of the landlord by attachment for rent and supplies is the same with respect to the agricultural products of the leased premises, as it is as-to “ any goods and chattels liable for rent,” other than the-agricultural products aforesaid. This is contrary to the view of this court, lately announced in Henry v. Davis, ante, p. 212, in which it is held that the “ limitation of time or place is not applicable to the agricultural products of the leased premises, on which the landlord has a lien,…
2Cited by4 opinions
- Tennessee Joint Stock Land Bank v. Bank of GreenwoodMississippi Supreme Court · 1937
- Bank of Hattiesburg v. CarterCourt of Appeals for the Fifth Circuit · 1916
- Phillips v. BoxMississippi Supreme Court · 1948
- Martin v. Leflore Bank & Trust Co.Mississippi Supreme Court · 1954