Scarborough v. Lucas

Citations

• 119 Miss. 128
• 80 So. 521

Syllabus

<p>1. Landlord and Tenant. Replevin. Delivery of property in pay ment of debt. Question for jury.</p> <p>Where a tenant brought an action of replevin against the agent of his landlord in charge of the rented premises, the testimony of the agent that the tenant had turned over the property involved to him for the landlord in satisfaction of debts which the tenant owed the landlord, should have been submitted to the jury, where the tenant denied such agreement.</p> <p>2. Landlokd and Tenant. Landlord’s lien. Removal of property. Under the Code of 1906, section 1261 (Hemingway’s Code, section</p> <p>991), so providing, a tenant cannot, without his landlord’s permission, remove from the rented premises the agricultural products raised on the place, nor property furnished him by the landlord, on which the landlord had a lien. •'</p> <p>3. Replevin. Possessory character of action. Right to defend. Substitution.</p> <p>The writ of replevin is a possessory, action and does not necessarily involve title, and a defendant in charge of a plantation as agent for the owner can defend, a suit in replevin by the tenant, though as such agent he has no personal title to or interest in or claim upon the property and such defendant agent is not compelled to proceed under Code of 1906, section 772 (Hemingway’s Code, section 555), relating to substitution of' parties.</p> <p>4. Replevin. Burden of showing right to possession.</p> <p>In an action of replevin the plaintiff has the burden of showing his right to the immediate possession of the property in suit.</p>