Roberts v. Sims
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. How. T. J. Wharton, Judge. W. H. Sims, trustee, brought this action of replevin against J. W. Roberts & Co. to recover possession of three certain bales of cotton, on which he claimed he had a prior lien by virtue of a certain deed of trust from one A. B. Sivley.
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Appeal from the Circuit Court of Hinds County. How. T. J. Wharton, Judge. W. H. Sims, trustee, brought this action of replevin against J. W. Roberts & Co. to recover possession of three certain bales of cotton, on which he claimed he had a prior lien by virtue of a certain deed of trust from one A. B. Sivley. The evidence tended to show that Mrs. E. H. Sivley and her son, A. B. Sivley, entered- into a verbal contract, by which it was agreed that A. B. Sivley should occupy certain lands belonging to Mrs. Sivley for the year'1886, in consideration of which the son should support the mother and…
1Opinion of the CourtCampbell, J.
The first and second instructions for the plaintiff should not have been given. If the tenant was to pay the taxes on a specified tract of land for a given year, that was certain enough to secure to the lessor all the rights given by the statute as to the agricultural products of the leased premises for that item of the rent stipulated for, and it seems plain that this was the contract between Mrs. Sivley and her son as to the occupancy of the land; therefore, if the three bales of cotton were delivered to her for the payment of the taxes the tenant was to pay, her claim to the cotton was para*600…
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