McRovie v. White

Citations

• 52 Miss. 406

Syllabus

<p>1. Landlokd and TENANTRent. Assignment. Attachment for rent.</p> <p>Where the landlord rents his lands and transfers and assigns the rent debt, by trust deed, to another, he has no right afterwards to sue out an attachment for rent against the crop for the payment of the debt so transferred by him, and if he should do so, and have the crop sold under attachment proceedings for the rent, the purchaser at such sale, with notice of the assignment, acquires no title, and the trustee may recover the property so sold by an action of replevin.</p> <p>2. Same: Same: Casein judgment.</p> <p>S. rented his lands to L. & B. and took a trust deed on the crop and other chattels to secure the rent, and transferred the debt to H., as trustee, for the benefit of B. & E., to secure a debt due to them by him, S. In November, 1873, S. sued out an attachment for the rent due by L. & B., which he had transferred, had the crop of cotton sold, when W. became the purchaser, with full knowledge of the transactions. M., the trustee of B. & B., sued W. in replevin for the cotton. Held, that the right to the proceeds of the rent vested in the trustee, that the suit by S. for the rent was without merits, and the trustee has the right to recover the possession of the cotton from the purchaser.</p>