Legal Opinion

Betts v. Ratliff

Mississippi Supreme Court

Decided October 15, 1874PublishedCited by 3 opinions

Error to the Circuit Court of Itawamba County. Hon. B. B. Boone, Judge. The facts of the case sufficiently appear in the opinion of the court. 1. We contend, that even under the act of 1872, the relation of employer and employee does not so exist, as to give Ratliff a lien upon the crop, but that, clearly, from the facts, the relation of landlord and tenant exists, in which case Ratliff only had lien for his rent; and as there was no hiring, no wages, and no control over the…

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Error to the Circuit Court of Itawamba County. Hon. B. B. Boone, Judge. The facts of the case sufficiently appear in the opinion of the court. 1. We contend, that even under the act of 1872, the relation of employer and employee does not so exist, as to give Ratliff a lien upon the crop, but that, clearly, from the facts, the relation of landlord and tenant exists, in which case Ratliff only had lien for his rent; and as there was no hiring, no wages, and no control over the crop by Ratliff, any lien which he might have for supplies must be an express one; there is no implied lien within the…

1Opinion of the CourtSimrall, J.

The question of law arises upon an agreed case. The substantive facts are these: During the year 1872, Warren resided upon and cultivated land owned by Ratliff, “ who had said Warren was employed to raise a crop for Ratliff, receiving one-third of the corn and one-fourth of the cotton raised thereon by Warren.” During the year Ratliff furnished Warren with plantation supplies to the amount of $175, who verbally agreed that Ratliff should have a lien on the crop.

Warren, on the 6th day of January, 1872, executed a deed of trust to Betts, covering the crop of cotton to be raised that year, to…

2Cases cited2 opinions

  1. Fry v. JonesSupreme Court of Pennsylvania · 1829
  2. Tanner v. HillsNew York Supreme Court · 1865

3Cited by3 opinions

  1. Doty v. HethMississippi Supreme Court · 1876
  2. Bethany v. StateMississippi Supreme Court · 1921
  3. Stallings v. KeySupreme Court of Oklahoma · 1937

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