[DOWNLOAD] "Mcgilberry v. State" by Mississippi Supreme Court * Book PDF Kindle ePub Free

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• Title: Mcgilberry v. State
• Author : Mississippi Supreme Court
• Release Date : January 06, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

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Injunction — Vendor and Purchaser — Default of Vendee Under Contract of Sale of Farm Lands — Vendor Retaking Possession — Trespasses by Vendee — Relation of Parties — Landlord and Tenant — "Croppers." Vendor and Purchaser — Farm Lands — Default of Vendee — Retaking of Possession by Vendor — Injunction to Restrain Vendee from Continuous Trespasses — Relation of Parties — Landlord and Tenant — Croppers — How Relation Ascertained. 1. In an action by the vendor of farm lands seeking, inter alia, an injunction to restrain interference with his possession of the premises by the vendee, after default by the vendee under the provisions of the contract of sale to the effect that on default on his part in any particular possession should be surrendered to the vendor, the relation of the parties — whether that of landlord and tenant, or whether defendant was merely a cropper — must be ascertained from the contract, unless doubtful in its terms, in which event the actions of the parties must determine their status. Same — What Constitutes "Cropper" Under Farm Land Contract. 2. Where right of possession of farm lands under a contract of sale, as well as title to the crops raised thereon, were to remain in the vendor, and division of the crops was to be made by him on final settlement at the end of each year, the purchaser was a mere cropper — a "sublimated employee" — so far as his occupancy of the premises was concerned. Contracts — Courts must Enforce Contracts as Made, No Matter How Harsh. 3. Courts must enforce valid contracts as made by the parties no matter how unwise or harsh their terms appear to be; they cannot make new contracts for them. Page 80 Vendor and Purchaser — Possession of Premises — When Vendee Becomes Trespasser. 4. A purchaser of lands who in his contract stipulates that on default of payments due the vendor may retake possession is no longer rightfully in possession after demand therefor by the vendor on condition broken, but occupies the position of a trespasser. Injunction — When Equity will Grant Relief to Vendor Against Repeated Trespasses by Vendee in Default Under Land Contract. 5. While, as a general rule, equity will not enjoin a trespass when there is an adequate remedy at law, nor try title to or right of possession of real property by injunction, injunctive relief will be granted to protect the owner whose right to possession is unquestioned against a repetition of wanton trespasses for which adequate compensation by way of damages cannot be given and where the trespasser is insolvent, the mere existence of a doubt as to the title not constituting a sufficient ground for refusal of the writ. Same — Vendor and Purchaser — Default of Vendee — Possession of Lands by Vendor — Improper Denial of Injunctive Relief to Vendor — Case at Bar. 6. Held, that where a purchaser of farm lands because of defaults had lost his right to remain in possession of the premises, had ignored the vendors demands for possession, thus becoming a trespasser, had threatened to continue in possession, and was insolvent, the court improperly denied an injunction pending suit seeking restitution of the property.

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