Westmoreland v. Wooten
Mississippi Supreme Court
Error to tbe Circuit Court of Marshall County. Hon. Orlando Davis, Judge. The facts of this case sufficiently appear in the opinion of the court. 1. That defendant in error had only a lien on the cotton for his rent, and this claim could only be enforced by bill in equity or in law, strictly according to the terms of the statute giving him the lien ; that there was no writ of seizure prayed for or granted in this case, and no judgment with writ of possession rendered.
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Error to tbe Circuit Court of Marshall County. Hon. Orlando Davis, Judge. The facts of this case sufficiently appear in the opinion of the court. 1. That defendant in error had only a lien on the cotton for his rent, and this claim could only be enforced by bill in equity or in law, strictly according to the terms of the statute giving him the lien ; that there was no writ of seizure prayed for or granted in this case, and no judgment with writ of possession rendered. Acts of 1872, p. 182 ; Acts of 1878, p. 79. 2. That a lien is a mere right of detaining the property of another until some…
1Opinion of the CourtCampbell, J.
Wooten rented land in Marshall county, for the year 1874, to Mark and James Smith, for four bales of cotton, to be delivered by 1st November, 1874. All of the rent was paid to Wooten except about $67 worth of cotton. Westmoreland bought of one of the tenants two bales of the cotton raised by them in 1874, on Wooten’s land, and Wooten having demanded the surrender of the two bales by Westmoreland, and been denied his demands, brought suit against him for $150, the alleged value of said two bales. On trial in the circuit court, on appeal from the judgment *828of a justice of the peace, Wooten…
2Cases cited1 opinion
- Dozier v. LewisMississippi Supreme Court · 1854
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- Cohn v. SmithMississippi Supreme Court · 1887
- Simpson v. Smith Sons' Gin & Machine Co.Mississippi Supreme Court · 1897
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