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66 Miss. 116

Gross v. Bartley

Mississippi Supreme Court

Decided October 15, 1888

Mississippi Supreme Court · decided 1888-10-15

Hon. T. J. Wharton, Judge. There is an agreed statement of facts. Parsons rented land for-the year 1887 to Bartley, taking a note for the rent. Afterward he transferred the note by indorsement to appellant, Gross, who,, upon default of its payment, distrained for the rent, and seized certain cotton of the tenant. The note evidenced the only agreement between the landlord and tenant in reference to the renting.

Decided 1888-10-15

Cooper, J.,

¶1delivered the opinion of the court.

¶2The appellant is not the landlord nor the grantor of the demised premises or of the reversion thereof, and the remedy by attachment for rent is by the statute limited to such persons, their heirs, executors, and administrators. Code, §§1302, 1324.

¶3It is true that by § 1301 of the code a statutory lien is given to the landlord upon the agricultural products of the demised premises to secure the payment of the rent; but the remedy to enforce the lien by attachment is limited by the other provisions of the code noted.

¶4Taylor v. Nelson, 54 Miss., was decided under a statute giving a lien and permitting any lienor to enforce it by statutory remedy,' Under the law as it now stands the remedy provided by the statute is expressly limited to persons occupying a relation to the land, and the appellant is not within the class.

¶5The judgment is affirmed.

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