Fronkling v. Berry

Citations

• 125 Miss. 763
• 88 So. 331

Syllabus

<p>1. Frauds, statutes of. Verbal lease, constituting completed contract, held not unenforceable under statute.</p> <p>A lessee, who has entered into possession of land under a verbal lease which was not to be performed within one year and has completed the contract, is liable for the rent; and when a lessor has exercised a contractual right to terminate a verbal lease at the end of a yearly period, this constitutes the lease a completed contract, and the mere failure to discharge mutual monetary obligations on a verbal contract otherwise completed does not render such contract unenforceable under the statute of frauds.</p> <p>2. War. Alien enemy may defend and lienee w)ay recover property distrained.</p> <p>A proceeding to recover property which has been seized under a distress for rent is essentially defensive in its nature, and an alien enemy, whose property has been seized under a distress for rent, may maintain the statutory proceedings to recover the property'and assert such defensive rights as he may have under the lease.</p>