Paint Rock Turf, LLC v. First Jackson Bank; First Jackson Bank v. Paint Rock Turf, LLC

Summary

The court affirmed the judgment as a matter of law rejecting Paint Rock's emblements claim because the bankruptcy automatic stay did not constitute First Jackson's permission for Paint Rock to remain on the property as a tenant at will. It reversed the jury's conversion award for sod loaded on a tractor-trailer because First Jackson acquired the property, and therefore the sod, at the foreclosure sale. Justice Murdock, concurring specially, questioned whether fault rather than the tenancy label should control the emblements analysis, but agreed that Paint Rock was not entitled to the sod because its mortgage default was undisputed.