Legal Opinion

Spears v. Robinson

Mississippi Supreme Court

Decided March 15, 1894PublishedCited by 5 opinions

From the circuit court of Lafayette county. IIon. Eugene Johnson, Judge. On December 22, 1890, appellee, Eobinson, sued out an attachment against J. T. and William Eeeves, alleging that they were indebted to him, as landlord, one thousand pounds of lint cotton, valued at ninety dollars, for rent in arrear on certain land in Lafayette county for the year 1890, and forty-five dollars for supplies furnished them by him as landlord.

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From the circuit court of Lafayette county. IIon. Eugene Johnson, Judge. On December 22, 1890, appellee, Eobinson, sued out an attachment against J. T. and William Eeeves, alleging that they were indebted to him, as landlord, one thousand pounds of lint cotton, valued at ninety dollars, for rent in arrear on certain land in Lafayette county for the year 1890, and forty-five dollars for supplies furnished them by him as landlord. The attachment was levied on two bales of cotton, fifteen hundred pounds of seed cotton and a lot of corn as the property of J. T. Eeeves. Appellant, W. E. Spears,…

1Opinion of the CourtWoods, J.

The deed of trust was not void for uncertainty in the de*781seription of the property conveyed, and should not have been excluded from the jury. There is no uncertainty in the description of the property conveyed; the uncertainty, if there be any (as to which we express no opinion), is as to the portion of the cotton sought to be excepted from the conveyance of the “ entire crop ” of the grantor. McAllister v. Honea, ante, 256.

The contract in the alternative, for sale or rent, was, it is true, a verbal one; but this suit originated in the attachment for rent, which was only an effort to enforce…

2Cases cited1 opinion

  1. Forbes & Beck v. NavraMississippi Supreme Court · 1885

3Cited by5 opinions

  1. Robinson v. Friendly Finance Co. of Biloxi, Inc.Mississippi Supreme Court · 1961
  2. Nunnery v. FordMississippi Supreme Court · 1908
  3. Gilbert v. GlennyMississippi Supreme Court · 1924
  4. State Line Mercantile Co. v. GoodwinMississippi Supreme Court · 1922
  5. Merchants' & Farmers Bank v. ByrdMississippi Supreme Court · 1923

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