Cohn v. Smith
Mississippi Supreme Court
Appeal from the Circuit Court of Lawrence County. Hon. A. G. Mayers, Judge. The case is stated in the opinion of the court. 1. It has been several times enunciated by the .supreme court of this State upon similar statutes to the one now in force that a landlord’s lien for rent is a specific remedy, and must be pursued strictly in the manner prescribed by the statute creating such lien, and that the purchaser of the lien products for value is not liable to the landlord. 51…
Read the full summary
Appeal from the Circuit Court of Lawrence County. Hon. A. G. Mayers, Judge. The case is stated in the opinion of the court. 1. It has been several times enunciated by the .supreme court of this State upon similar statutes to the one now in force that a landlord’s lien for rent is a specific remedy, and must be pursued strictly in the manner prescribed by the statute creating such lien, and that the purchaser of the lien products for value is not liable to the landlord. 51 Miss. 825 ; 53 Miss. 662. Our statute, Code 1880, §§ 1301 and 1302, gives- the landlord .a lien for his rent on the crop…
1Opinion of the CourtCoopjeR, C. J.
In 1884 the plaintiff (appellee here) leased her farm to her son, R. N. Fox, for the sum of two hundred dollars, to be paid at the end of the year. In October Fox sold to the defendant (appellant here) three bales of cotton grown on the premises that year, the defendant at the time having knowledge of the fact that Fox was tenant to the plaintiff. He made no inquiry either of Fox or the plaintiff as to payment of the rent, but had heard, as he says, that a part of the rent had been paid, and did not know but that all had been paid.
The principal question presented is whether a landlord may…
2Cases cited2 opinions
- Westmoreland v. WootenMississippi Supreme Court · 1876
- Dunn v. KellyMississippi Supreme Court · 1880
3Cited by4 opinions
- Merchants & Planters Bank v. MeyerSupreme Court of Arkansas · 1892
- Banning v. LivesleyWashington Supreme Court · 1915
- H. & C. Newman v. Bank of GreenvilleMississippi Supreme Court · 1889
- Warren & Montgomery Bros. v. JonesMississippi Supreme Court · 1892