Bedford v. Gartrell
Mississippi Supreme Court
From the circuit court of DeSoto county. Hon. James B. Boothe, Judge. Mrs. Gartrell, the appellee, was plaintiff in the court below; Bedford, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. Action to recover rent for a tract of land due by one Garter to the plaintiff.
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From the circuit court of DeSoto county. Hon. James B. Boothe, Judge. Mrs. Gartrell, the appellee, was plaintiff in the court below; Bedford, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. Action to recover rent for a tract of land due by one Garter to the plaintiff. Garter had given Bedford a deed-of trust on his growing crops to secure advances of supplies made during the year, and had delivered to Bedford the cotton raised by him on the land which he had leased from Mrs. Gartrell. Mrs. Gartrell sued as landlord, basing…
1Opinion of the Court
Calhoon, L,
delivered the opinion of the court.
Mrs. Gartrell’s claim below, as plaintiff, was based upon her lien as landlord of Gilbert Carter. This lien would be good against Bedford, whether it was a simple rent contract with Carter, or a contract that he should be purchaser on paymenfiof price, but, on failure, he should be regarded as tenant for a fixed consideration as rent. Nobles v. McCarty, 61 Miss., 456. Bed-ford’s defense is that Carter was not a tenant for rent, but held as purchaser of the land from Mrs. Gartrell, and, being such, gave him a deed of trust for supplies for the’year…
2Cases cited1 opinion
- Nobles v. McCartyMississippi Supreme Court · 1884