Dunn v. Kelly
Mississippi Supreme Court
Error to tbe Circuit Court of Yazoo County. Hon. S. S. Calhooe, Judge. The plaintiffs in error sued the defendant in error for damages sustained by tbe purchase by the latter of cotton, upon which in right of the testator the former had a lien for rent under the agricultural lien law, and the circuit judge to whom the case was submitted decided for the defendant. This case differs from Wooten v. Grwin, 56 Miss. 422, in the fact that here the purchase was with notice.
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Error to tbe Circuit Court of Yazoo County. Hon. S. S. Calhooe, Judge. The plaintiffs in error sued the defendant in error for damages sustained by tbe purchase by the latter of cotton, upon which in right of the testator the former had a lien for rent under the agricultural lien law, and the circuit judge to whom the case was submitted decided for the defendant. This case differs from Wooten v. Grwin, 56 Miss. 422, in the fact that here the purchase was with notice. Cooper v. Baker, 54 Miss. 687. The opinion of Chalmers, J., in Wooten v. Grwin, ubi supra, announces the better rule. The true…
1Opinion of the CourtGeorge, C. J.
In Wooten v. Gwin, 56 Miss. 422, the three judges of this court differed as to the true construction of the agricultural lien law (Acts 1876, p. 109), so far as relates to the liability of parties buying or receiving a part of the crop on which the landlord had a lien for his rent. Chalmers, J., thought a purchaser of the crop was liable for its value, whether he had notice or not of the lien. Simrall, C. J., thought the liability did not exist unless the purchaser had notice ; and Campbell, J., denied that any remedy existed except that pointed out in the statute, which could only be made…
2Cases cited1 opinion
- Wooten v. GwinMississippi Supreme Court · 1879
3Cited by2 opinions
- Merchants & Planters Bank v. MeyerSupreme Court of Arkansas · 1892
- Cohn v. SmithMississippi Supreme Court · 1887