Cooper v. Frierson

Citations

• 48 Miss. 300

Syllabus

<p>1. Chancery — “ agricultural lien.” — Two parties undertake a joint adventuro to make a crop, the one to furnish the land and supplies, and the other to furnish and pay the labor, and the profits, if any, to be equally divided. They do not hold themselves out as partners, or give notice of the nature of their association, further than being seen co-operating on the same plantation. Under these circumstances, a merchant, dealing with the party who merely furnished the labor, and expecting to bind the crop under the Agricultural act of 1867, is bound, at his peril, to acquaint himself with the nature of the association.</p> <p>2. Same — “ enrolling” and “filing” the merchant creditor’s contract.— The mere “ enrollment” of the merchant creditor’s contract is not sufficient. Nor is it enough to have it enrolled and marked “filed.” It must be enrolled according to the formula of the statute, and then the contract must remain on file in the clerk’s office, as required. Otherwise the merchant’s lien will not be preserved.</p>