Smith v. Forbes
Mississippi Supreme Court
From the circuit court of Prentiss county. Hon. William I). Anderson, Special Judge. Smith, the appellant, was plaintiff in the court below, and Forbes, the appellee, was defendant there. From a judgment in favor of defendant the plaintiff appealed to the supreme court. The suit was a demand for the statutory penalty under Code 1982, § 4412, for cutting trees.
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From the circuit court of Prentiss county. Hon. William I). Anderson, Special Judge. Smith, the appellant, was plaintiff in the court below, and Forbes, the appellee, was defendant there. From a judgment in favor of defendant the plaintiff appealed to the supreme court. The suit was a demand for the statutory penalty under Code 1982, § 4412, for cutting trees. The defendant admitted cutting the trees, but, setting up a mortgage on the land from which they were cut, to secure the purchase money for which he had sold it, claimed that, under Code 1892,\§ 2449, providing that before sale under…
1Opinion of the CourtCalhoon, J.
Smith’s declaration was in trespass for cutting and appropriating trees, claiming the statutory penalty only. The defense set up was that Smith was not in possession of the land at the time of, and for some time after, the alleged trespass, and was not the legal or equitable owner in fee. The defense further shows that Forbes had executed a conveyance of the land to Smith and at the same time had taken a trust conveyance from Smith to secure the purchase price of $3,000 in six annual payments, providing that default as to any one of them should make all due, and in such case Smith should pay…
2Cited by2 opinions
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