O'Keefe v. McLemore

Citations

• 125 Miss. 394
• 87 So. 855

Syllabus

<p>1. Landlokd and Tenant. Stipulation for attorney’s fee in rent note not enforceable in attachment for rent.</p> <p>Where a tenant gives a rent note which contains an agreement to pay an attorney’s fee in case the note is not paid at maturity, and it is placed in the hands of an attorney, and where an attachment for rent is sued out, followed by replevin and trial in accordance with statutory proceedings, at attorney’s fee cannot be allowed in such suit to the landlord. The statute giving the landlord a lien and providing for proceedings to enforce it does not include an attorney’s fee, and the products grown by the tenant are not impressed with a lien for an attorney’s fee, though stipulated for in the rent note, and the allowance of an attorney’s fee in such case constitutes reversible error.</p> <p>2. Evidence. Landlord and tenant. Parol evidence not admissible to vary deed conveying leased premises without reserving renl.</p> <p>Where a landlord conveys the leased premises by deed without reserving the rent in the deed, the rent passes to the grantee, and parol evidence is not admissible to show oral understandings and agreements between the parties contrary to the legal effect of the deed.</p>