Richardson v. McLaurin
Richardson v. McLaurin
Opinion of the Court
delivered the opinion of the court.
In Marye v. Dyche, 42 Miss., 347, it was held that the tenant might dispose of his goods on the leased premises so as to defeat a subsequent attachment of them by the landlord upon the premises, notwithstanding the existence of a claim
In Cooper v. Baker, 54 Miss., 637, the court, in response to argument at the bar, announced the proposition that notice of tlie landlord’s claim for rent due and unpaid prevented a buyer of goods on the leased premises from being a bona fide purchaser. This is clearly inconsistent with the holding of the two former cases cited, an inconsistency probably not noticed at the time by the writer of the opinion or his associates on the bench, because it was the expression of what had been the accepted view before the decisions named, and their full effect was not then perceived.
After these several decisions the code of 1880 was adopted, and by it the legislature created in favor óf the landlord a lien on all the agricultural products of the leased premises, and did not give him a lien on other goods of his tenant. In view of this apparent acquiescence in the denial of a lien in favor of the landlord, except as the positive creation of statute law, that must now be accepted as the law of this state; and it follows that a purchaser of goods other than agricultural products, etc., of a tenant, on or off the leased premises, who pays value, will be protected in his purchase just as if he had purchased them from another, or as if they were not on such premises ; and knowledge by the purchaser of rent due, and that the landlord looks to the goods for payment, does not hinder a valid purchase of them. This is the necessary result' of adherence to Marye v. Dyche and Stamps
The distinction between the right of the landlord as to agricultural products of the leased premises and other goods and chattels was remarked upon in Henry v. Davis, 60 Miss., 212, and in Patty v. Bogle, 59 Miss., 491, and the announcement made that he had no lien except on agricultural products.
Affirmed.
Reference
- Full Case Name
- Richardson & May v. S. L. McLaurin
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Landlord and Tenant. Sale by tenant. Bight of kmdlord. A landlord lias no lien upon liis tenant’s goods, other than agricultural products, and, before distress for rent, a bona fide purchaser of such goods, whether on or off the leased jiremises, will be protected. 2. Same. Good faith of purchase. Knowledge of rent due. And mere knowledge by the purchaser that rent is due, or that the landlord looks to the goods for his' protection, does not prevent the purchase being in good faith. Cooper v. Baker, 54 Miss., 637, qualified.