Legal Opinion

Geeen v. Mizelle

Mississippi Supreme Court

Decided October 15, 1876PublishedCited by 5 opinions

Error, to the Circuit Court of Hinds County. Hon. George F. Brown-, Judge. 1. The interrogatories and Mizelle’s statements elicited by them were incompetent. The object was to show by Wilson’s pretended admission that he held under Long, and not in his own right. To show this, Mizelle was proving his own case against Wilson’s executor, by detailing a pretended conversation with Wilson in his lifetime.

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Error, to the Circuit Court of Hinds County. Hon. George F. Brown-, Judge. 1. The interrogatories and Mizelle’s statements elicited by them were incompetent. The object was to show by Wilson’s pretended admission that he held under Long, and not in his own right. To show this, Mizelle was proving his own case against Wilson’s executor, by detailing a pretended conversation with Wilson in his lifetime. Jaeks v. Bridewell, 51 Miss. 881. 2. On the merits of the case there can be no doubt that the defendant was entitled to judgment. (1.) As to occupancy and possession. Wilson and his family…

1Opinion of the Court

Simrall, O. J.,

delivered the opinion of the court.

In 1836, Miller Wilson bought from the heirs of A. M. Scott the lot in the city of Jackson, in dispute, and immediately went into the occupancy, improved the property, and resided upon it until 1838. At that time he sold to one Collins, who went into possession, and in August of that year received a deed from Scott’s heirs. When Collins purchased, he executed to Wilson two notes for $1,500 each, and paid some cash. In 1839, Wilson and Collins rescinded. Wilson delivered up to Collins his two notes, cancelled a mortgage which he had made to…

2Cases cited12 opinions

  1. Jacks v. BridewellMississippi Supreme Court · 1876
  2. Huntington v. AllenMississippi Supreme Court · 1870
  3. Ford v. WilsonMississippi Supreme Court · 1858
  4. Alexander v. PolkMississippi Supreme Court · 1861
  5. Walton v. HargrovesMississippi Supreme Court · 1868

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Neal v. Newburger Co.Mississippi Supreme Court · 1929
  2. Elmer v. HolmesMississippi Supreme Court · 1940
  3. Newman v. SmithMississippi Supreme Court · 1956
  4. Hastings v. California Co.Mississippi Supreme Court · 1961
  5. Townsend v. KennardMississippi Supreme Court · 1886

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