McGill v. Howard
Mississippi Supreme Court
McGill v. Howard, 61 Miss. 411 (Miss. 1883)
Campbell
McGill v. Howard
Opinion of the Court
delivered the opinion of the court.
The appellant was clearly entitled to the possession of the two bales of cotton, as against the appellee, who could not assert against him the right of a third person to a lien on the cotton as a bar to the appellant’s right to the possession. If the appellee did owe his landlord, who had a lien on the cotton, that did not present a reason why the appellant should not recover it from him, as against whom ,he had the right of possession, even though when recovered he would hold it subject to the lien of the landlord. The right of the landlord was not a right of property in the cotton, but a mere charge upon it.
Judgment reversed, and cause remanded for a new trial.
Reference
- Full Case Name
- E. A. McGill v. Abraham Howard
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Replevin. Lien of third party. Defendant cannot assert. A defendant in replevin cannot assert the right of a third person to a lien on the property as a bar to the plaintiff’s right to the possession. 2. Same. Landlord’s lien. The fact that the defendant owes his landlord for supplies cannot defeat a recovery by the plaintiff, who has a right of possession as against the defendant. The plaintiff would take the property subject to landlord’s lien.