Doty v. Heth
Mississippi Supreme Court
Appeal from the Chancery Court of Yazoo Comity. Hon. Thomas WaltoN, Chancellor. Tlie opinion of the court contains a statement sufficient to present the merits of the case. The action of the court in rendering the decree is assigned for error. There was no privity between Boyd and appellants, and 'Gibson had no right to subject the labor and crops of appellants to the payment of his debts.
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Appeal from the Chancery Court of Yazoo Comity. Hon. Thomas WaltoN, Chancellor. Tlie opinion of the court contains a statement sufficient to present the merits of the case. The action of the court in rendering the decree is assigned for error. There was no privity between Boyd and appellants, and 'Gibson had no right to subject the labor and crops of appellants to the payment of his debts. Pars, on Con., vol. 1, pp. 199, 427; 2 East, 575; Taylor’s L. & T., § 448; 12 Wend., 555. Unless the whole term and interest is leased. 1 Chit. PL, 56; Bac. Ab., Covenants, e, 3, 4; 1 Dallas, •305; 6…
1Opinion of the CourtChalmers, J.
The merits of this controversy may be better elucidated by discarding the complications growing out of the institution of two proceedings touching the same subject-matter, and by leaving out of view the right of Fouche, the mortgagee of the laborers, who is simply substituted pro tanto to their rights in the crop, if any they have.
The following statement is perhaps sufficient to present the merits of the case : Emma Boyd, as administratrix of her deceased husband, in consideration of a yearly rental of $1,100, assigned to Gibson an unexpired lease upon a sixteenth section (school land) in…
2Cases cited1 opinion
- Betts v. RatliffMississippi Supreme Court · 1874
3Cited by4 opinions
- Staple Cotton Co-Op. Ass'n v. HemphillMississippi Supreme Court · 1926
- Bethany v. StateMississippi Supreme Court · 1921
- Vaughan v. McCoolMississippi Supreme Court · 1939
- Williams v. SykesMississippi Supreme Court · 1934