Purnell v. Frank

Mississippi Supreme Court
Purnell v. Frank, 68 Miss. 639 (Miss. 1891)
Campbell

Purnell v. Frank

Opinion of the Court

CAMPBELL, C. J.,

delivered the opinion of the court.

The record before us very poorly presents the case, but enough appears to show that the attachment for rent was sued out against a dead man, and when one appeared and claimed a portion of the *641goods seized, the landlord sought to justify the taking and detention of the goods by virtue of this attachment, which was plainly void. The avowry is bad, and should have been so held.

Reversed and remanded.

Reference

Full Case Name
E. V. Purnell v. Mattie E. Frank
Status
Published
Syllabus
Attachment foe Rent. Death of tenant. Void proceedings. Avowry. An attachment for rent sued out against a tenant who is dead is void. When one claims property seized, an avowry of the landlord is bad which seeks to.justify the taking and detention under an attachment so sued out.