Brunswick-Balke-Collender Co. v. Murphy

Citations

• 89 Miss. 264
• 42 So. 288

Syllabus

<p>1. Landlord and Tenant. Lien. Mortgaged property. Laws 1894, oh. 52, p. 44. Process. ’</p> <p>A landlord has no lien or claim for rent, as against the mortgagee, upon property mortgaged by the tenant and subsequently brought upon the leased premises; and payment or tender of unpaid rent , is not a condition precedent to a seizure of the property for enforcement of the mortgage, under Laws' 1894, cb. 52, p. 44, providing that chattels on leased tenements shall not be liable to be taken under process unless upon payment or tender- of unpaid rent.</p> <p>2. Same. Warehouseman’s lien.</p> <p>A landlord does not acquire a warehouseman’s lien for rent of premises by notifying a mortgagee of property placed therein by his tenant, the mortgagor, that the mortgagor has abandoned his lease and the property and that he will hold the mortgagee for rent until the removal of the property.</p>