Houston v. Smythe

Citations

• 66 Miss. 118

Syllabus

<p>1. Landlord and Tenant. Creation of tenancy. Attachment for rent.</p> <p>The owner of land subject to a past due trust-deed to one Smythe, bargained the land to another, taking as payment two notes, one of which was in form a rent obligation for the ensuing year, payable to such owner or bearer. Title was to be made on payment of both notes, but in default of payment the lessor or any assignee or holder of the rent note could terminate the lease without notice to quit. It was further agreed that the notes when executed should be delivered to Smythe in payment of the trust-deed. This being done, and the rent note being unpaid, Smythe sued out an attachment for rent, and levied on certain products of the land for that year. Held, that Smythe was not a mere assignee of the note, but is to be deemed the real lessor, and, therefore, entitled to attach for rent.</p> <p>2. Supreme Court. Practice. Immaterial errors.</p> <p>This court will not reverse a judgment for errors in the rulings on pleadings, where the whole case has been developed by evidence, and it is manifest that a different result could not be reached.</p> <p>3. Pleading. Evidence to contradict, when incompetent.</p> <p>The pleadings on both sides agree in stating the value of property in replevin at a certain sum, evidence on either side to prove a greater value is incompetent.</p>