Joor v. Elder

Decided March 1, 1886

Mississippi Supreme Court · decided 1886-03-01

Appellant, Mrs. C. B. Joor, made affidavit, for attachment for rent due and to become'due, and the writ was levied on property belonging to appellee, W. A. Elder, her tenant. Elder replevied the property and filed bis declaration. Appellant filed ber avowry and appellee filed a replication alleging that there was no rent due or to become due. On the trial Mrs. 0.

Reversed and remanded, · Decided 1886-03-01

¶1Opinion.

Campbell, J.,

¶2delivered the opinion of the court:

¶3Upon the evidence of the appellee himself the appellant was entitled to a verdict. The appellee had been in possession two months beyond the time for which he paid rent, and had assented to and acquiesced in the proposal of Joor, on the 15th of July, to stay another month, and if by that time the well did not afford good water, the oak curbing would be removed, and other put in. Under this arrangement, a month should have expired, and if, after that, Joor with notice that the water had not improved sufficiently failed to comply’ with the obligation resting upon the lessor, the lessee might have left the premises, but even then it would have been a question how much was due for the occupancy not paid for.

¶4Reversed and remanded.