Alexander v. Zeigler

Citations

• 84 Miss. 560

Syllabus

<p>1.' Landlord and Tenant. Farming on shares.</p> <p>If the owner of a farm furnishes the land, team, and farm implements and.feeds the team, and another furnishes the labor to make and gather the crops, to be divided between them, the relation between them is that of landlord and tenant.</p> <p>2. Same. Replevin.</p> <p>In such case a plaintiff, who has the right of possession against the tenant, may by an action of replevin recover the tenant’s share of the crops from the landlord.</p> <p>3. Same. Waiver of landlord's lien. Commingling goods. Estoppel.</p> <p>A landlord who has waived his lien for rent in favor of one' who advances supplies to a tenant on the security of a deed of trust on his cotton crop, is, after receiving cotton to the amount of four bales from the tenant and mingling the same with his own, estopped to deny that a bale of cotton seized by the trustee was produced by the tenant on the demized premises.</p> <p>4. Practice. Excluding all evidence. Rule.</p> <p>Upon a motion to exclude all the testimony, not only the facts expressly testified to, but all inferences necessarily and logically to be deduced therefrom, are to be taken as true, in favor of the party against whom such motion is interposed.</p>