Legal Opinion

Orrell v. Bay Manufacturing Co.

Mississippi Supreme Court

Decided October 15, 1903PublishedCited by 12 opinions

From the chancery court of Hancock county. IioN. StoNE Deavours, Chancellor. The Bay Manufacturing Company, appellee, was the complainant in the court below; Orrell and others, appellants, were defendants there. .From a decree declining to dissolve an injunction the defendants appealed to the supreme court. The facts are fully stated in the opinion of the court.

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From the chancery court of Hancock county. IioN. StoNE Deavours, Chancellor. The Bay Manufacturing Company, appellee, was the complainant in the court below; Orrell and others, appellants, were defendants there. .From a decree declining to dissolve an injunction the defendants appealed to the supreme court. The facts are fully stated in the opinion of the court. By agreement of counsel there is but one question to be decided by the appellate court in this case, viz.: Whether or not the lease made by the Hodes to J. 0. Orrell of the timber growing on the land named in said lease, for…

1Opinion of the CourtTruly, J.

On the 31st of July, 1899, Henry Hode and' his wife executed a lease contract conveying to G-. S. Leatherbury & Company certain turpentine rights in the pine timber on a quarter section of land then in possession of said Hode by virtue of an incomplete homestead entry thereof. At the date of this contract the homestead entry of the said Hode to the land in question had not been perfected and no final certificate and patent from the United States government was issued until the year 1903. On' the 17th of February, 1903, Hode and his wife, after the homestead entry was perfected, executed a…

2Cases cited10 opinions

  1. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  2. Shiver v. United StatesSupreme Court of the United States · 1895
  3. Patton v. United StatesSupreme Court of the United States · 1895
  4. Fuller & Co. v. HuntSupreme Court of Iowa · 1878
  5. Weber v. LaidlerWashington Supreme Court · 1901

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3Cited by12 opinions

  1. Cooper Tire & Rubber Co. v. FareseCourt of Appeals for the Fifth Circuit · 2005
  2. Brander v. NaborsDistrict Court, N.D. Mississippi · 1978
  3. Cappaert v. JunkerMississippi Supreme Court · 1982
  4. Hastings v. GuillotMississippi Supreme Court · 2002
  5. James A. Jackson, Trading as Jim Jackson v. Sam Finley, Inc.Court of Appeals for the Fifth Circuit · 1966

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