Powell v. Smith

Citations

• 74 Miss. 142

Syllabus

<p>1. Employe’s Lien. Agricultu/ral products. Purchaser. Notice. Code 1893, <¡ 3683.</p> <p>The lien of an employe, given by l 3683, code 1893, may be enforced against a purchaser of agricultural products, whether he buys with or without notice.</p> <p>3. Same. Employe’s consent. Burden of proof.</p> <p>In an action by an employe against a purchaser of crops, the burden of proof is not on the plaintiff to show that he did not consent to the sale. (Warren v. Jones, 70 Miss., 303, explained.)</p> <p>3. Same. Overseer or manager.</p> <p>An overseer or manager of a farm, who aids by his labor to make, gather, or prepare for sale or market a crop, has a lien thereon for his wag-es.</p> <p>4. Same. Waiver. Note for wages.</p> <p>The taking of a promissory note for such wages is not necessarily a waiver of the lien; the question of waiver is one of fact, and the intention of the employe in taking the note may be the subject of evidence, but a direct agreement is not necessary to a waiver.</p> <p>5. Evidence. Writings. Effect on collateral fact. Province of judge.</p> <p>To interpret the meaning of a writing unaffected by parol testimony is the province of the judge; but its effect as evidence of a collateral fact — as waiver — is for the jury.</p> <p>6. Landlord’s Lien. Code 1892, jjjj 2495, 1183, 2682.</p> <p>The statutory lien on crops given a landlord by $ 2495, code 1892, and those g-iven employers and employes by g 2682, code 1892, are co-extensive and reciprocal.</p> <p>7. Statutes. Construction. Argument db inconvenienti.</p> <p>The inconveniences that would result from construing a statute according to its terms cannot be considered as an aid to construction, when its terms are too plain to admit of doubt.</p>