Elder v. Hilzheim
Mississippi Supreme Court
Error to the Circuit Court of Madison county. Hon. E. Gr. Henry, judge. The plaintiff in error brought this suit against the defendants in error, in the Circuit Court of Madison, in January, 1858. The first count was in debt, to recover the price prescribed by the statute, for trees of the plaintiff, cut, carried away, and destroyed by defendants.
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Error to the Circuit Court of Madison county. Hon. E. Gr. Henry, judge. The plaintiff in error brought this suit against the defendants in error, in the Circuit Court of Madison, in January, 1858. The first count was in debt, to recover the price prescribed by the statute, for trees of the plaintiff, cut, carried away, and destroyed by defendants. Tbe second count averred, “ that the plaintiff is now, and has been for a long time, seised and possessed in fee simple, and was so seised and possessed during the whole of the year 1857, of (certain lands described in the count), and lying in the…
1Opinion of the CourtHandy, J.
This action was brought, in January, 1858, by the plaintiff in error, in the Circuit Court of Madison county, to recover of the defendants, damages for cutting down a quantity of trees upon the land of the plaintiff, lying in that county, the defendants residing in Hinds county.
The declaration contained two counts, both claiming that the plaintiff was seised and possessed of the lands upon which the injury was committed, — the first charging that the defendants cut down, carried away, or destroyed sixty-seven pine trees, without the plaintiff’s consent, and claiming the sum of ten dollars for…
2Cases cited1 opinion
- Blackburn v. BakerSupreme Court of Alabama · 1838
3Cited by1 opinion
- Lumber Co. v. CuaveMississippi Supreme Court · 1913