Wilczinski v. Lick

Mississippi Supreme Court April 15, 1891

Wilczinski v. Lick, 68 Miss. 596 (Miss. 1891)

Campbell

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

“ It is not allowable by a subsequent agreement to convert the relation of vendor and vendee into that of landlord and tenant so *598as to defeat supervening rights.” Nobles v. McCarty, 61 Miss. 456.

The evidence in this case shows that that was done, and the instruction for the plaintiff was properly given, and the verdict is supported by evidence.

Affirmed.

Reference

Full Case Name: L. & N. Wilczinski v. D. J. W. Lick
Status: Published
Syllabus: 1. Vendor and Vendee. Relation changed to tenancy. Supervening rights. Tlie relation between a vendor and vendee cannot be changed into that of landlord and tenant so as to defeat supervening rights. Nobles v. McCarty, 61 Miss. 456. 2. Same. Case in judgment. Where one in possession of land, under a contract of purchase, executes a trust-deed on the crops of a certain year, and afterwards, by consent of the seller, abandons the purchase and agrees to pay rent for that year, the lien of the trust-deed is superior to that for rent.