Powell v. Smith
Mississippi Supreme Court
From the circuit court of Yazoo county. T. C. Smith sued J. F. Powell in the circuit court, averring in the declaration that he, the plaintiff, was employed for the year 1892 as overseer and manager of a plantation in Yazoo county called “ Gandercleugh, ” by one Wilson, the owner, and aided by his labor to make, gather, and prepare for sale one hundred bales of cotton thereon in said year; that a balance of $500 was due him by Wilson for his wages; that defendant, Powell,…
Read the full summary
From the circuit court of Yazoo county. T. C. Smith sued J. F. Powell in the circuit court, averring in the declaration that he, the plaintiff, was employed for the year 1892 as overseer and manager of a plantation in Yazoo county called “ Gandercleugh, ” by one Wilson, the owner, and aided by his labor to make, gather, and prepare for sale one hundred bales of cotton thereon in said year; that a balance of $500 was due him by Wilson for his wages; that defendant, Powell, had, without plaintiff’s consent, obtained possession of twenty-five bales of the cotton under a deed of trust thereon…
1Opinion of the CourtWhitfield, J.
The demurrer was properly overruled. This court has held that the landlord may recover the value of agricultural products on which he has the. statutory lien, whether the purchaser thereof in open market has notice or not. Eason v. Johnson, 69 Miss., 371; Newman v. Bank, 66 Miss., 323. It follows, inescapably, that the same rule must be applied to the lien of the employe or other person ‘£ aiding by his labor to make, gather or prepare for sale or market any crop, ’ ’ etc., and that this lien must be co-extensive and reciprocal with the lien of the landlord. The statute (§ 1183, code 1892)…
2Cases cited10 opinions
- Buck v. PayneMississippi Supreme Court · 1876
- Montague's Adm'r v. MasseySupreme Court of Virginia · 1882
- Whitney v. CookMississippi Supreme Court · 1876
- Kerr v. MooreMississippi Supreme Court · 1876
- H. & C. Newman v. Bank of GreenvilleMississippi Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Commercial Credit Co. v. DavidsonCourt of Appeals for the Fifth Circuit · 1940
- Norris v. TrenholmCourt of Appeals for the Fifth Circuit · 1913
- Crippen v. Mint Sales Co.Mississippi Supreme Court · 1925
- Patterson v. Jones Mercantile Co.Mississippi Supreme Court · 1918