Gastrell v. Phillips
Mississippi Supreme Court
Appeal from the Circuit Court of Wilkinson County. Hon. J. B. Chrisman, Judge. Phillips, Marshall & Co. brought this action of replevin against H. M. Gastrell to recover' possession of certain timber alleged to have been cut from the land of the former by the latter. A motion for a continuance was made by defendant.
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Appeal from the Circuit Court of Wilkinson County. Hon. J. B. Chrisman, Judge. Phillips, Marshall & Co. brought this action of replevin against H. M. Gastrell to recover' possession of certain timber alleged to have been cut from the land of the former by the latter. A motion for a continuance was made by defendant. He filed an affidavit in support of his motion, in which he set out that he could not go to trial safely without the testimony of W. H. Gibbs and Jim Hill, by whom he could prove that the laud from which the timber was cut was in 1881 held by the State as swamp and overflowed…
1Opinion of the CourtCampbell, J.
We approve the ruling of the court in refusing a continuance, for the proposed evidence would not have been available if offered. A void patent may be assailed and vacated at law in any controversy involving it, but one merely voidable cannot be collaterally attacked. Whatever may be said of the patents proposed to be attacked they are not void, and cannot be attacked collaterally.
We would like to put an end to this case, but disapprove the admission of evidence of what the witness, Brown, testified to on a former trial. He was shown to have removed to Louisiana, and as his deposition could…
2Cited by9 opinions
- Money v. WoodMississippi Supreme Court · 1928
- Peeples v. StateMississippi Supreme Court · 1969
- Levi v. StateIndiana Supreme Court · 1914
- Huber v. FreretMississippi Supreme Court · 1925
- Wabash Railroad v. MillerIndiana Supreme Court · 1901
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