Hightower v. Henry
Mississippi Supreme Court
Erom the circuit court of, first district, Bolivar county. Hon. A. McC. Kimbrough, Judge. Henry, the appellee, was the plaintiff, and Hightower and another, appellants, were defendants in the court below. Eroin a judgment in plaintiff’s favor the defendants appealed to the supreme court. Defendants, as landlords, sued out an attachment for rent, and caused the same to be levied upon plaintiff’s, the tenant’s, cotton.
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Erom the circuit court of, first district, Bolivar county. Hon. A. McC. Kimbrough, Judge. Henry, the appellee, was the plaintiff, and Hightower and another, appellants, were defendants in the court below. Eroin a judgment in plaintiff’s favor the defendants appealed to the supreme court. Defendants, as landlords, sued out an attachment for rent, and caused the same to be levied upon plaintiff’s, the tenant’s, cotton. This suit, an action of replevin for the cotton, was then begun by the plaintiff, Henry. The defendants, Hightower and another, appellants, pleaded an avowry, that the cotton was…
1Opinion of the Court
Whitfield, C. J.,
delivered the opinion of the court.'
The appellee executed the following note to the appellants: “Mound City, Miss., May 1st, 1901. On or before November 15th, next after date, I promise to pay to the order of High-tower & Oassity $360, rent for ninety acres of land at four dollars per acre, of Laban plantation, for the year 1901. Yalue received. W. E. Henry.” This is not simply a promissory note, but a contract embracing all the terms of a contract between the parties. On the trial in the court below the appellee offered testimony to show that early in the year appellants…
2Cited by1 opinion
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