Caston v. Turner
Mississippi Supreme Court
From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Turner, appellee, was plaintiff in the court below; the Mc-Oomb City Mercantile company was the original defendant there.
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From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Turner, appellee, was plaintiff in the court below; the Mc-Oomb City Mercantile company was the original defendant there. The plaintiff claimed that rent was due him from a tenant to whom he had leased a farm, that the Mercantile Company, originál defendant, had obtained the possession of agricultural products raised by the tenant on the leased premises, upon which plaintiff had a statutory lien (Code 1906, § 2832), and had converted the same to its use, etc. The Mercantile Co'., original defendants, interpleaded Gas-ton,…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
Most manifestly the procedure here was under § 772, Code of 1906 — interpleader procedure, pure and simple. The claim, as finally propounded by the administrator, stated substantially and clearly his right. It is true there is much surplusage and immaterial matter in it, and it is true that it did not conclude either with a verification or to the country. But the statement of claim did not, under section 772, have to so conclude, and the irrelevant matter should have been disregarded. The demurrer to this claim thus propounded ought to have…
2Cited by3 opinions
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