Dreyfus v. Gage

Citations

• 84 Miss. 219

Syllabus

<p>1. Landlord and tenant. Waiver of Vim. Deed of trust. Advances to tenant.</p> <p>A landlord who waives bis lien to tbe extent of a designated sum in order tbat tbe tenant may secure advances from another by executing a deed of trust on bis crops to be grown on tbe leased premises, cannot escape tbe effect of tbe waiver because tbe deed of trust recited tbat tbe advances were to be used also in mating a crop on other lands, and did not expressly require •advances to the full extent of tbe waiver.</p> <p>2. Same. Assignee of rent notes. Estoppel.</p> <p>An assignee of notes given by a tenant to bis landlord for rent is estopped to assert tbe priority of bis statutory lien against one who makes advances to the tenant on the security of the landlord’s waiver and the tenant’s trust deed on the crops to be grown on the demised premises, when such assignee has concealed from him his ownership- of the notes and induced him to believe that the landlord’s waiver and the tenant’s trust deed will operate to give him a first lien on the crops.</p>