Strauss v. Baley

Citations

• 58 Miss. 131

Syllabus

<p>1. Replevin. By trustee in deed. Agricultural lien a defence.</p> <p>When the trastee in a deed of trust on cotton for supplies furnished brings an action of replevin to recover the cotton from the landlord, to whom it has been delivered by the grantor in the deed of trust in payment of the rent of the land upon which it was produced, the landlord may assert as a defence to such action his lien, given by the act of 1876, entitled “An act to provide for agricultural liens, and for other purposes.”</p> <p>2. Agricultural Lien. For hire of mules. Superior' to deed of trust.</p> <p>Where a landlord furnishes mules to his tenant to enable him to cultivate his crop, before notice of a deed of trust on the crop for supplies advanced, be has a prior lien upon such crop as against the deed of trust, under the provisions of the act of 1876 above referred to.</p> <p>3. Advances to Tenant. By landlord after notice of mortgage. By other party in interest.</p> <p>Where a landlord has advanced money to a tenant to pay for picking, ginning, baling, and hauling the cotton upon which he has a lien for his rent, and the tenant has delivered to him a part of the cotton in payment of such advances, the trustee in a deed of trust on the cotton for supplies furnished the tesnant cannot recover the cotton from the landlord, though the advances were made after the landlord had notice of the deed of trust, if it appears that they were used for the common good of those interested, and were essential in order that the crop of cotton might be made available to the parties interested. And the right of the landlord in such case is no more than would be the right of any other party in interest making advances'in like circumstances.</p>