Alexander v. Zeigler
Mississippi Supreme Court
From tbe circuit court of Holmes county. Hon. A. McC. Kimbrough, Judge. Alexander, tbe appellant, was tbe plaintiff, and Zeigler, tbe appellee, defendant in the court below. From a judgment in defendant’s favor the plaintiff appealed to tbe supreme court.
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From tbe circuit court of Holmes county. Hon. A. McC. Kimbrough, Judge. Alexander, tbe appellant, was tbe plaintiff, and Zeigler, tbe appellee, defendant in the court below. From a judgment in defendant’s favor the plaintiff appealed to tbe supreme court. Tbe facts were: Zeigler was tbe owner of a farm, and in tbe year 1902 contracted with one Will Horton to make a crop on shares; Zeigler to furnish tbe land, team, and farm implements, and to feed the team, and Horton to furnish tbe labor to make and gather tbe crop; tbe crop to be equally divided between them. Lewis & 'Herman, who were…
1Opinion of the CourtTruly, J.
The ¡peremptory instruction given for appellee (defendant below) cannot be sustained upon either ground assumed by counsel. The rule that one tenant in common cannot institute replevin against his co-tenant does not control this case. Horton was a tenant, and appellee was his landlord. This point was expressly decided, upon almost identical facts, in Schlicht v. Callicott, 76 Miss., 487 (24 South., 869). The trust deed from Horton to appellant conveyed the interest which Horton had in the crops to be produced, and, after condition broken, authorized appellant, as trustee, to obtain possession…
2Cases cited1 opinion
- Schlicht v. CallicottMississippi Supreme Court · 1898
3Cited by14 opinions
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- Cameron v. HOOTSELL, LBR. & SUP. CO.Mississippi Supreme Court · 1956
- Hill v. StewartMississippi Supreme Court · 1968
- Rogers v. LawtonU.S. Circuit Court for the District of Western Wisconsin · 1908
- Smith v. Dillon Cab Co.Mississippi Supreme Court · 1962
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