Watkins v. Duvall

Mississippi Supreme Court October 15, 1891

Watkins v. Duvall, 69 Miss. 364 (Miss. 1891)

Campbell

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

An affidavit in conformity to § 1774 of the code is a sufficient foundation for the claim of a third person replevying property attached for rent and advances, by virtue of “An act,” etc., approved February 11, 1882, Laws, p. 139.

The conveyance by Watkins to his wife of the land rented, carried with it, as an incident, the rent note held by him, and she (not he) became landlord, and remained sucb, as no valid conveyance of the land by her to him was shown, because the conveyance she made to him was not valid as against any third person (Code, § 1178), it not having been “filed for record.”

As Watkins was not landlord when he made advances, he had no lien for them.

Affirmed.

Reference

Full Case Name: W. W. Watkins v. Scott Duvall, Trustee
Cited By: 5 cases
Status: Published
Syllabus: -1. Attachment por Rent. Claim. Code 1880, ?? 1317, 1774. Act of 1882. Under the act of 1882 (Laws, id. 139), an affidavit, in general terms claiming the property, in conformity to § 1774, code 1880, is a sufficient foundation for a claim by a third person replevying goods levied on by attachment for rent or supplies; the affidavit provided by ? 1317 of the code, that the goods are not held in trust for the tenant, etc., is not required. 2. Same. Landlord and tenant. Sale of premises. Severance of relation. A landlord who takes the note of his tenant for rent, and afterwards, during the term and before the rent is due, conveys the rented land to another, cannot thereafter attach for the rent. The conveyance carries with it, as an incident, the note. See Bowdre v. Sloan, post, 369. 3. Landlord and Tenant. Sale of premises. Lien for supplies. One who was landlord, after conveying the premises to a third person, has no lien for supplies thereafter advanced by him during the term to enable the tenant to make a crop on the land. 4. Conveyance between Husband and Wipe. Recording. Code 1880, § 1178. A conveyance of property from a wife to her husband which is not filed for record, is invalid as against third persons. Code 1880, ? 1178.