Lumbley v. Gilruth

Citations

• 65 Miss. 23

Syllabus

<p>Landlord and Tenant. Lien. Advances. Section 1301, Code of1880, considered. Case in judgment.</p> <p>A landlord lent a certain quantity of corn to his tenant to be used by the latter in making his crop, the corn to be returned or paid for at the close of the then current year. When the time for delivery arrived, the landlord demanded his corn, but it was inconvenient for the tenant to return the same, and the landlord agreed to allow him to return or pay for it at the close of the ensuing year. Held, that this did not constitute an “ advance ” for the second year within the meaning of $ 1301, Code of 1880, which gives the landlord a paramount lien on a crop for all “ advances ” of supplies used in making such crop, but was a mere forbearance to demand something already advanced in a preceding year.</p>