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53 Miss. 175

Phillips v. Douglass

Mississippi Supreme Court

Decided October 15, 1876

Mississippi Supreme Court · decided 1876-10-15

Hon. J. A. Orr, Judge. cited Arbuclcle v. Nelms, 50 Miss. 560, contending that the landlord had no lien for money rent. contended that the act of 1878 gave the landlord a lien for money rent.

Decided 1876-10-15

Campbell, J.,

¶1delivered the opinion of the court.

¶2The single question presented by this case is, whether, under the act of April 17, 1873, p. 79 of pamphlet acts, a landlord, who reserved rent payable in money, and not in part of the crop, had a lien on the crop by virtue of the contract of renting.

¶3A careful consideration of the several statutes in pari materia induces us to answer this question in the negative. The language employed in the statute is not broad enough to embrace rent payable in money. The words “interest” and “share” are regarded as equivalent.

¶4Judgment reversed.

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