Burton v. Pepper

Citations

• 116 Miss. 139
• 76 So. 762

Syllabus

<p>1. Chattle Mortgage. Security to landlord. Receivers.</p> <p>Where a landlord tafees a trust deed from his tenant to cover advances with which to make a crop, but immediately refuses' to •make the advances, such trust deed cannot be used as a basis for the appointment of a receiver, although it recites that it is . to be also supplemental security for a balance due under a deed of trust for the preceding year, where the tenant acquiesces in the refusal of the landlord to furnish the advances and offers possession of the premises; since such acts are in effect a cancellation by agreement.</p> <p>2. Chattel Mortgage. Insolvency. Grounds for appointment of receiver.</p> <p>A landlord cannot take a deed of trust from his tenant to secure advances, and then refuse to make the advances and have a receiver appointed, although the tenant be of limited means and practically insolvent, unless he had the fraudulent intent of misappropriating the funds or was abandoning the property.</p> <p>3. Grounds- for Receiver. Landlord and tenant. Chattel mortgages.</p> <p>A trust deed on stock, machinery, and crops given by a tenant to his landlord for a past year, is not basis for the appointment of a receiver to farm the rented premises and use the debtor’s property for the current year. The only thing the landlord can do is to sell the property covered by the trust deed either in equity or by the trustee, and the tenant is entitled, where the tenancy is treated as terminated, to an early sale.</p> <p>4_ Chattle Mortgages. Action for possession. Receivers. Summary action.</p> <p>A landlord cannot gain possession of the rented premises, from the tenant by the summary appointment of a receiver without notice..</p> <p>5. Chattel Mortgages. Unlawful use of property Toy landlord. Right to rent.</p> <p>Where a landlord having taken a deed of trust on the machinery and stock of his tenant for supplies to be furnished, had a receiver appointed before planting the crop, and without any order