Moss Point Lumber Co. v. Harrison County
Mississippi Supreme Court
From: tbe chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Harrison county, the appellee, was complainant in the court below; the lumber company, the appellant, was defendant there. From a decree overruling a demurrer to the bill of complainant the defendant appealed to the supreme court. The facts are fully stated in the several opinions delivered in the case.
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From: tbe chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Harrison county, the appellee, was complainant in the court below; the lumber company, the appellant, was defendant there. From a decree overruling a demurrer to the bill of complainant the defendant appealed to the supreme court. The facts are fully stated in the several opinions delivered in the case. The case was twice decided; at first the decree apjiealed from was reversed and remanded and the suit dismissed; upon suggestion of error a rehearing was granted — Justice Truly leaving the bench and being…
1Opinion of the Court
Calhoon, J.,
delivered tbe opinion of the court on the first decision of the cause.
This is a bill to enjoin the appellant from further cutting or removing timber from a sixteenth section, which- it held under a lease of ninety-nine years, and for an accounting of that already cut, on the ground that such cutting was waste. The bill charges that the cutting was purely for sale, and that the avowed purpose is to cut and remove the entire timber growth, and solely for commercial uses. It charges that the lease was made in 1882, for the sum of $885, and, as will be particularly noted, states as…
2Cases cited11 opinions
- Green v. WellerMississippi Supreme Court · 1856
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
- Crane v. FrenchMississippi Supreme Court · 1860
- Warren County v. GansMississippi Supreme Court · 1902
- Jordan v. RoachMississippi Supreme Court · 1856
6 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Donald v. Amoco Production Co.Mississippi Supreme Court · 1999
- Yazoo & M. V. R. v. ScottMississippi Supreme Court · 1914
- Pace v. State Ex Rel. RiceMississippi Supreme Court · 1941
- State Ex Rel. Truitt v. District Court of Ninth Judicial Dist.New Mexico Supreme Court · 1939
- Jefferson Davis County v. Simrall Lumber Co.Mississippi Supreme Court · 1909
30 more not listed; retrieve them via the Exa API.