Irwin v. Miller
Mississippi Supreme Court
From the circuit court of Tunica county. Hon. R. W. Williamson, Judge. The opinion sufficiently states the case. Filed a brief, citing many authorities to show that appellant had a common law lien on the cotton; but, as the court adopts the view that a lien existed by virtue of the statute, the authorities are not given. The three bales of cotton held by appellant were liable for the ginning of the whole crop. See Sehmídt v. Blood, 24 Am.
Read the full summary
From the circuit court of Tunica county. Hon. R. W. Williamson, Judge. The opinion sufficiently states the case. Filed a brief, citing many authorities to show that appellant had a common law lien on the cotton; but, as the court adopts the view that a lien existed by virtue of the statute, the authorities are not given. The three bales of cotton held by appellant were liable for the ginning of the whole crop. See Sehmídt v. Blood, 24 Am. Dec., 143 and notes; Steinmanr. .Wilkins, 42/5., 254. To hold that the ginner must look to each bale for his 'charges-might prove injurious to all parties…
1Opinion of the CourtCooper, C. J.
In April, 1893, one Donnell executed a deed of trust upon his crops to be grown that year to secure the payment of certain debts therein described to J. D. Fulmer, which deed was, on that day, recorded. When, and as, the cotton was gathered it was carried by Donnell to the gin of Irwin, and by him pre*176pared for market, the ginning charges being three dollars per bale. Irwin did not assert his lien against each lot of cotton as it was delivered to him and ginned, but permitted Donald to carry away the cotton as ginned, to be by him shipped to Ful-mer. The last lot of cotton consisted of five…
2Cases cited1 opinion
- Lumbley v. ThomasMississippi Supreme Court · 1887
3Cited by5 opinions
- Sitton v. DuboisWashington Supreme Court · 1896
- Quiver Gin Co. v. LooneyMississippi Supreme Court · 1927
- In Re SmithUnited States Bankruptcy Court, N.D. Mississippi · 1984
- Langford v. LeggittMississippi Supreme Court · 1911
- Patterson v. Jones Mercantile Co.Mississippi Supreme Court · 1918