Davis v. Henry

Decided October 15, 1885

Mississippi Supreme Court · decided 1885-10-15

Hon. C. H. Campbell, Judge. Henry seized, under an attachment, six bales of cotton that had been raised by Davis on land leased by the latter from the former. Davis replevied the cotton. Henry justified the seizure by virtue of his claim for rent and advances for supplies, as set forth in his avowry.

Relies on Hunter v. Le Conte

Decided 1885-10-15

Arnold, J.,

¶1delivered the opinion of the court.'

¶2The amended plea of tender filed by Davis should have been traversed. If the facts averred in .it were true, the, attachment was wrongfully sued out, and appellee and the sureties on his bond were liable not only for cost, but also for damages. A distress for rent after tender of the amount due is unlawful, unless there has been a subsequent demand and refusal. Taylor on Landlord and Tenant, §§ 566, 573; Hunter v. Le Conte, 6 Cow. 728; Smithy. Goodwin, 4 B. & Ad. 413.

¶3Reversed.