Legal Opinion

Cooper v. Baker

Mississippi Supreme Court

Decided October 15, 1877PublishedCited by 1 opinion

Error to the Circuit Court of Holmes County. Hon. W. CothrAN, Judge. B. H. Montgomery, tenant of J. W. Cooper, raised on the demised premises in 1870 nine bales of cotton, which he left there, in Cooper’s possession; but, being indebted to J. J. Baker & Bro., on account, he gaye them a bill of sale or order for the cotton, with the understanding that they were to pay the rent.

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Error to the Circuit Court of Holmes County. Hon. W. CothrAN, Judge. B. H. Montgomery, tenant of J. W. Cooper, raised on the demised premises in 1870 nine bales of cotton, which he left there, in Cooper’s possession; but, being indebted to J. J. Baker & Bro., on account, he gaye them a bill of sale or order for the cotton, with the understanding that they were to pay the rent. J. J. Baker & Bro. credited Montgomery with five bales on his account, and wrote to Cooper as follows: — “ Tchula, Feb. 21,1871. “ Mr. J. W. Cooper : “Dear Sir, — Mr. Montgomery turned us over 9 B/C at your gin, with…

1Opinion of the CourtCampbell, J.

The claim of Cooper to hold the four bales of cotton until his demand for rent was paid was paramount to that of J. J. Baker & Bro., who were not purchasers for value of the four bales, having paid Montgomery for only five, by a credit on his account, and agreed to pay Cooper $211.70 out of the other four bales; and, if they had paid full value for the four bales, they would not have been entitled to them as against Cooper, because they would not have been such purchasers as the law protects, as they had notice of Cooper’s claim for rent. Stamps v. Gilman, 43 Miss. 456. If Baker & Bro. had…

2Cases cited1 opinion

  1. Stamps v. Gilman & Co.Mississippi Supreme Court · 1871

3Cited by1 opinion

  1. Richardson v. McLaurinMississippi Supreme Court · 1891

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