Strauss v. Baley
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. R. R. Holmes rented a piece of land to James Hudson and A. B. Phillips, as partners, for the year 1879, for five thousand pounds of lint cotton, to be ginned, baled, and delivered at a certain warehouse in Jackson, Mississippi. Holmes also furnished mules to Hudson and Phillips to make their crop that year, for which they were to pay a certain hire.
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Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. R. R. Holmes rented a piece of land to James Hudson and A. B. Phillips, as partners, for the year 1879, for five thousand pounds of lint cotton, to be ginned, baled, and delivered at a certain warehouse in Jackson, Mississippi. Holmes also furnished mules to Hudson and Phillips to make their crop that year, for which they were to pay a certain hire. On the 22d of February, 1879, after the contract for rent of land and hire of mules, Hudson and Phillips executed a deed of trust upon their crop to be produced that year on…
1Opinion of the CourtChalmers, C. J.
The case divides itself into two branches: first, as to whether the landlord’s claim for rent can be asserted in this proceeding; and, second, whether the character of advances made by the landlord in this case is covered by the statutes conferring agricultural liens, most of them haviug been made after notice of the trust deed held by the merchant.
1. It is conceded that eleven bales of the cotton in controversy had been delivered by the tenants in payment of the rent; that they were not in excess of the amount due ; and that. the lien of the landlord for his rent was superior to that of the…
2Cited by3 opinions
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- Cavins v. Planters Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1951
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