Wooten v. Gwin

Citations

• 56 Miss. 422

Syllabus

<p>1. AQBictrLTtrBAL Libit. Rent. Cotton under lien. Special action for damages against purchaser.</p> <p>Sect. 11 of an act approved April 15, 1872, entitled “An act to secure the payment of wages for labor and liabilities for supplies,” provided “that if any person shall knowingly sell or remove any agricultural product subject to any lien under this act, without having first satisfied such lien, such person shall be deemed guilty of a misdemeanor,” etc. By the first section of an act approved the 17th of April, 1873, the act of 1872 was “ so amended as to extend the provisions thereof to all cases in which any person may be working for, or otherwise interested in, a share or part of the crop, to secure to such person an equitable division of the same, before such crop, or any part thereof, shall be in any manner disposed of, or removed from the premises on which it was produced,” etc. Sect. 3 of- the latter act declares that, for any such removal or disposition of the crop, done without the consent of the persons interested, the offender shall be deemed guilty of a misdemeanor, and punished as provided in sect. 11 of the act of 1872. The act of 1872, as amended, gave a first lien in favor of the laborer, for wages or a part of the crop, and in favor of the employer for supplies, and the landlord for rent, and provided a summary remedy for the enforcement of such liens by seizure of the crop. Cotton upon which a landlord had a lien for rent, under these statutes, was removed from the demised premises by the tenant, and sold at a railroad town, to a merchant having no notice of the lien; but while the cotton was in his possession the landlord notified him of the lien, and demanded the cotton. The merchant refused to deliver up the cotton, or to point it out to the landlord, and shipped it out of the State. The landlord sued him in a special action on the case for the damage resulting from the tortious removal of the cotton, as averred, by which the lien was defeate