Eason, Watkins & Co. v. Johnson
Mississippi Supreme Court
From the circuit court of Tate county. Hon. James T. Fant, Judge. Jennie Johnson brought this action to recover of Eason, Watkins & Co. the value of four bales of cotton raised on her land by her tenant, and by the latter sold to defendants, leaving the year’s rent unpaid. It does not seem to be controverted that the cotton was grown on plaintiff’s land, and that the rent was due and unpaid.
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From the circuit court of Tate county. Hon. James T. Fant, Judge. Jennie Johnson brought this action to recover of Eason, Watkins & Co. the value of four bales of cotton raised on her land by her tenant, and by the latter sold to defendants, leaving the year’s rent unpaid. It does not seem to be controverted that the cotton was grown on plaintiff’s land, and that the rent was due and unpaid. The defense mainly relied on is that defendants purchased without notice of the lien. There was also some evidence tending to show that the tenant had been trusted by the plaintiff to sell the cotton and…
1Opinion of the CourtCooper, J.
The right of the landlord to recover from one to whom the agricultural products grown on the demised premises have been sold by the tenant, is not affected by the want of knowledge by the purchaser of the fact that the rent is due and unpaid. The lien exists by virtue of a positive law, and the rule of caveat emptor applies to all who purchase from the tenant. Newman v. Bank of Greenville, 66 Miss., 323.
Affirmed.
2Cases cited1 opinion
- H. & C. Newman v. Bank of GreenvilleMississippi Supreme Court · 1889
3Cited by6 opinions
- Planters Bank & Trust Co. v. SklarMississippi Supreme Court · 1990
- Applewhite v. NelmsMississippi Supreme Court · 1893
- Warren & Montgomery Bros. v. JonesMississippi Supreme Court · 1892
- Powell v. SmithMississippi Supreme Court · 1896
- Peets & Norman Co. v. BakerMississippi Supreme Court · 1909
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