Campbell v. Farmers' Bank of Boyle

Citations

• 127 Miss. 668
• 90 So. 436

Syllabus

<p>1. Parties. In sublessee’s suit against bank converting property under landlord’s lien, nonjoinder of original landlord cannot be raised by demurrer.</p> <p>Under section 723, Code 1900 (section 506, Hemingway’s Code), the nonjoinder of the original landlord in a suit by a sublessee against a bank for converting property upon which a landlord’s lien exists cannot be raised by demurrer, the right of the original landlord being dependent upon contract, but must be raised by plea setting up by proper averment the necessity of such joinder.</p> <p>2. Landlord and Tenant. Surely on forthcoming bond held proper defendant in suit by landlord having lien for conversion.</p> <p>Where a bank replevies warehouse receipts and, to get immediate possession, gives bond with a surety for the forthcoming of the property replevied, upon which a third person has a landlord’s lien, such surety is a proper defendant in a suit by the landlord against the bank for conversion, and it is error to sustain a demurrer setting up such an alleged misjoinder.</p> <p>3. Landlord and Tenant. Landlord’s bill against bank for converting goods held to state cause of action.</p> <p>A bill by a landlord against a bank'for converting cotton upon which there was a landlord’s lien, which states that the complainant was the landlord of a named tenant and that said tenant took the cotton upon which the lien existed and placed it in a warehouse, taking warehouse receipts therefor, and that the bank replevied the warehouse receipts, and after securing said warehouse receipts sold said cotton and converted it to its own use, and that demand had been made on the bank for said cotton or funds, which demand was refused by the bank, and that complainant does not know the amount for which the cotton sold and asking for judgment, is good against demurrer.</p> <p>4. Landlord and Tenant. Landlord held not estopped from claiming lien nor to have waived same.</p> <p>An allegation in a landlord’s bill to recover from a