Epstein v. Farr

Citations

• 112 Miss. 530
• 73 So. 572

Syllabus

<p>Dandloed and Tenant. Landlord’s right to preference. Statute.</p> <p>Under Code 1906, section 2851, providing that no goods,in or upon any leased premises shall he liable to be taken by virtue of any writ of execution or other process whatever unless the party so taking the same shall before the removal of the goods or chattels from such premises pay or tender to the landlord or lessor thereof all unpaid rent for said premises, etc., the landlord of a store house had a lien or preference claim to the goods or on the proceeds of the sale of them and had the right to have his claim for two months declared a preference claim against the estate of an insolvent tenant and to have the administrator required to pay it in full out of the proceeds of a sale of decedent’s stock, pursuant to an order of the chancery court, though the landlord did not assert his claim within thirty days after the removal of the goods from the leased premises pursuant to' a sale by such administrator.</p>