Dreyfus v. Gage
Mississippi Supreme Court
From the chancery court of Bolivar county. Hon. A. McC. Kimbrough, Chancellor. Dreyfus, appellant, was complainant in the court below, and Gage and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court.
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From the chancery court of Bolivar county. Hon. A. McC. Kimbrough, Chancellor. Dreyfus, appellant, was complainant in the court below, and Gage and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. The facts are stated in the opinion of the court. [For a decision of a former appeal in the same case, see Dreyfus v. Gage, 79 Miss., 403.] The waiver of Mrs. ITicklin is contained in a letter addressed to *tke tenant, stating that upon certain conditions the rent upon the ITicklin property will be waived. The party in favor…
1Opinion of the CourtTruly, J.
Upon the former appeal in this case (79 Miss., 406; 30 South., 691) it was decided that this “controversy is one as to priority of liens between the mortgagees and the landlord,” and the cause was remanded for determination on the merits of the questions of waiver, estoppel, and priority of liens. Omitting consideration of all questions not necessary for decision, and accepting’ the finding of the chancellor upon conflicting testimony as conclusive, we find the following facts to exist: That Mrs. F. S. Hicklin was the owner of a plantation which was leased for a term of years to one W. D.…
2Cases cited1 opinion
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