Legal Opinion

Scroggins v. Foster

Mississippi Supreme Court

Decided November 15, 1898PublishedCited by 1 opinion

From the circuit court of Sunflower county. Hon. F. A. Montgomery, Judge. Foster, the appellee, was the plaintiff in the court below. The suit was an action of replevin under code 1892, § 2530, providing for the institution of such suit by one whose property has been distrained for rent claimed to be due from another. Scroggins, the landlord, now appellant, was defendant. The facts are sufficiently stated in the opinion of the court.

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From the circuit court of Sunflower county. Hon. F. A. Montgomery, Judge. Foster, the appellee, was the plaintiff in the court below. The suit was an action of replevin under code 1892, § 2530, providing for the institution of such suit by one whose property has been distrained for rent claimed to be due from another. Scroggins, the landlord, now appellant, was defendant. The facts are sufficiently stated in the opinion of the court. While the land, in fixing the rent, was estimated at $6 per acre, and the house at $60, still the lease of the land and house-was one entire contract when made.…

1Opinion of the CourtTerral, J.

This is a contest as to the appropriation of the proceeds of three bales of cotton, upon which both Scroggins and Foster claim a lien.

In January, 1898, Scroggins sued out a distress warrant against the estate of J. M. Grice for a balance of $60 rent, which was levied upon three bales of cotton grown by Grice upon the lands rented of Scroggins. Ollie Foster made claim that said three bales of cotton were subject to a lien in his favor, as a laborer in the production of said cotton, to the extent of $80 due him from Grice.

It appeared from the evidence that Grice owed Foster $80 for labor done…

2Cited by1 opinion

  1. Dale v. WebbMississippi Supreme Court · 1933

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