Henry v. Davis
Mississippi Supreme Court
Appeal from the Circuit Court of Leflore County. Hon.C. H. CAMPBELL, Judge. The case is sufficiently stated in the opinion of the court. The question presented is, whether the cotton raised on the leased premises could be levied on more than thirty days after its removal from the premises, or thirty days after the debt became due. Prior to the act of April 17, 1873 (Stats. 1873, p. 79), there was no lien for rent on personal property or crops.
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Appeal from the Circuit Court of Leflore County. Hon.C. H. CAMPBELL, Judge. The case is sufficiently stated in the opinion of the court. The question presented is, whether the cotton raised on the leased premises could be levied on more than thirty days after its removal from the premises, or thirty days after the debt became due. Prior to the act of April 17, 1873 (Stats. 1873, p. 79), there was no lien for rent on personal property or crops. ArbucJde v. FTelms, 50 Miss. 556. Sect. 1301, Code 1880, clearly gives a statutory lien on all the “ agricultural products,” — for both the claim for…
1Opinion of the CourtCampbell, C. J.
The subject of controversyis six bales of cotton produced on the land of appellant, leased from him by the appellee, and seized under an attachment sued out by the appellant. The cotton was replevied by the appellee, who exhibited his declaration, which was answered by-the appellant, who justified the seizure by virtue of his claim for rent and advances for supplies as set forth in his avowry This was pleaded to by the appellee, who, in his fourth plea, averred that said cotton had been, removed from the leased premises more than thirty days before the issuance of the attachment and more than…
2Cited by7 opinions
- H. & C. Newman v. Bank of GreenvilleMississippi Supreme Court · 1889
- Tennessee Joint Stock Land Bank v. Bank of GreenwoodMississippi Supreme Court · 1937
- Weatherall v. BrownMississippi Supreme Court · 1917
- Richardson v. McLaurinMississippi Supreme Court · 1891
- Bank of Hattiesburg v. CarterCourt of Appeals for the Fifth Circuit · 1916
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