Nobles v. McCarty
Mississippi Supreme Court
Appeal from the Circuit Court of Rankin County. Hon. A. G. Mayers, Judge. R. E. Swilly entered into the following contract with W. A. Moore, agent for James Haley: “This agreement, made and entered into by and between W. A. Moore, agent for James Haley, of the first part, and R. F. Swilly, of the second part, to wit, The party of the second part agrees to pay W. A. Moore sixty dollars for the rent of a place known as the Haley Place and now occupied by said Swilly, as rent…
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Appeal from the Circuit Court of Rankin County. Hon. A. G. Mayers, Judge. R. E. Swilly entered into the following contract with W. A. Moore, agent for James Haley: “This agreement, made and entered into by and between W. A. Moore, agent for James Haley, of the first part, and R. F. Swilly, of the second part, to wit, The party of the second part agrees to pay W. A. Moore sixty dollars for the rent of a place known as the Haley Place and now occupied by said Swilly, as rent for the year 1882, and one hundred dollars for each of the years 1883-4-5, this to be placed on Swilly’s note for six…
1Opinion of the CourtCampbell, C. J.
Our interpretation of the contract between Moore, as agent of Haley and Swilly, is that the latter became a tenant obliged to pay rent as stipulated, with the right to have title to the land in fee on payment of the note for six hundred dollars and interest, and the rent he might pay was to go as a credit on the purchase-money. There Avas nothing forbidden by law in this arrangement, and the relation of landlord and tenant existed between the parties. Therefore, the *459right of the appellant holding the cotton under the landlord was paramount to the claim of the appellee claiming under the deed…
2Cited by6 opinions
- Couch v. WelshUtah Supreme Court · 1901
- Wood v. MorathMississippi Supreme Court · 1921
- Puffer Manufacturing Co. v. DearmanMississippi Supreme Court · 1910
- Clark v. BourgeoisMississippi Supreme Court · 1905
- Bedford v. GartrellMississippi Supreme Court · 1906
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