Bain v. Brooks
Mississippi Supreme Court
Appeal from the chancery court of Nankin county. Cabakiss, Chancellor. A careful examination of the statute, subjected to the usual legal tests and rules of construction, will disclose the fact, that to create a lien according to the first or second sections of the act, it is indispensable that there should be a contract between the parties by which the debt was incurred and the lien given to secure it.
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Appeal from the chancery court of Nankin county. Cabakiss, Chancellor. A careful examination of the statute, subjected to the usual legal tests and rules of construction, will disclose the fact, that to create a lien according to the first or second sections of the act, it is indispensable that there should be a contract between the parties by which the debt was incurred and the lien given to secure it. The language of the first section is, “That all debts hereafter contracted for advance of money, purchase of supplies, etc., necessary for the cultivation of a farm or plantation, shall…
1Opinion of the Court
Tabbell, J. :
This case arises under the law for the encouragement of agriculture, approved February 18, 1867, and comes to us from the chancery court of Nankin county. _ The question is between the parties to the contract, the rights of third persons being no way involved. It appears that, in 1868, Brooks and Bain entered into a written agreement for the cultivation of a crop on the land of Brooks, and such terms were stipulated that the crop was to be equally divided between the parties, and it was further agreed that “the said Bain acknowledges a lien on all of his half of said crops in…
2Cases cited3 opinions
- Barnett & Co. v. ThompsonSupreme Court of Georgia · 1867
- Marye v. John T. Dyche, Gates, Gillespie & Co.Mississippi Supreme Court · 1869
- Howard, Preston & Barrett v. SimmonsMississippi Supreme Court · 1870