Patty v. Bogle
Mississippi Supreme Court
Appeal from the Circuit Court of Noxubee County. Hon. James M. Arnold, Judge. The appellee, by her purchase from Smith, acquired no title to the property superior to the appellant’s attachment for rent, for she did not buy in good faith without notice of the landlord’s claim. Cooper v. Baker, 54 Miss. 637. But further, at common law, all goods found on the leased premises, even those of a stranger, were liable to distress.
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Appeal from the Circuit Court of Noxubee County. Hon. James M. Arnold, Judge. The appellee, by her purchase from Smith, acquired no title to the property superior to the appellant’s attachment for rent, for she did not buy in good faith without notice of the landlord’s claim. Cooper v. Baker, 54 Miss. 637. But further, at common law, all goods found on the leased premises, even those of a stranger, were liable to distress. Our statute, Code 1880, § 1317, modifies this so as to make liable only the tenant’s goods, or those of some other person who is bound for the rent. As the appellee is so…
1Opinion of the CourtCooper, J.
The appellant, Patty, leased to one Smith certain premises in the town of Macon for the term of one year, at a rent of thirty dollars per month, payable monthly. Smith occupied the property for one month, and then assigned the balance of his term to the appellee. At the date of the assignment of the term Smith was indebted to Patty for one month’s rent, which he subsequently paid. The appellee having occupied the premises for five months, during which time neither she nor Smith paid the rent, the appellant sued out an attachment for the rent due, and levied it upon certain household furniture…
2Cited by3 opinions
- Irby v. CoreyCourt of Appeals for the Fifth Circuit · 1938
- Richardson v. McLaurinMississippi Supreme Court · 1891
- Davis v. WashingtonCourt of Appeals of Texas · 1898