Duncan v. Jayne
Mississippi Supreme Court
From the circuit court of Washington county. Hon. F. A. Montgomery, Judge. 'The appellee, Mrs. Jayne, was the plaintiff in the court below; appellant, Duncan, was defendant there. The facts are stated in the opinion of the court. Duncan had a statutory lien (Irwin v. Miller, 72 Miss., 174) superior to every other lien, unless it was inferior to that of Jayne. Bul I insist that the conduct of Jayne was such as to operate as a waiver of priority in favor of Duncan.
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From the circuit court of Washington county. Hon. F. A. Montgomery, Judge. 'The appellee, Mrs. Jayne, was the plaintiff in the court below; appellant, Duncan, was defendant there. The facts are stated in the opinion of the court. Duncan had a statutory lien (Irwin v. Miller, 72 Miss., 174) superior to every other lien, unless it was inferior to that of Jayne. Bul I insist that the conduct of Jayne was such as to operate as a waiver of priority in favor of Duncan. If Jayne ignored his tenant, Holland, and told Duncan that he must gin the cotton, it would be inequitable and unjust afterwards to…
1Opinion of the CourtTerral, J.
This is a suit ,by Mrs. L. L. Jayne, the landlord, against J. J. Duncan for the value of two bales of cotton appropriated by him, with the consent of R. H. Holland, the tenant of Mrs. Jayne, to pay Duncan for the ginning of the cotton of said tenant during the season, the said landlord’s rent and supply bill being unpaid. The evidence showed that Holland was the tenant of Mrs. Jayne, and was owing her several hundred dollars *135for rent and supplies, and that Duncan, with the consent of Holland, had furnished the bagging and ties, and ginned the cotton raised by Holland on the place leased by…
2Cases cited1 opinion
- Strauss v. BaleyMississippi Supreme Court · 1880
3Cited by3 opinions
- In Re SmithUnited States Bankruptcy Court, N.D. Mississippi · 1984
- Patterson v. Jones Mercantile Co.Mississippi Supreme Court · 1918
- Patterson v. Jones Mercantile Co.Mississippi Supreme Court · 1918