Caston v. Turner

Citations

• 95 Miss. 303
• 48 So. 721

Syllabus

<p>1. Interpleader. Pleadings. Code 1906', § 772. Landlord and tenant. Agricultural products. Lien for rent. Conversion.</p> <p>Where in a suit at law, the defendant interpleads a third person, under Code 1906, § 772, providing for interpleaders, and the interpleaded party propounds his claim in writing, stating substantially and clearly his right to the property or funds involved, the claim is not demurrable because it contains surplusage and immaterial matter, nor because it fails to conclude either with a verification or to the country.</p> <p>2. Same. Interpleaded party’s righfs. Set-off.</p> <p>Where in a suit by a landlord to recover rent from a third person who had converted to his use agricultural products subject to a statutory lien to secure the rent, the defendant having paid the proceeds of the products into the court and interpleaded a third party, the latter may plead by way of set-off a liability of like character due him from the plaintiff.</p>