Alexander v. Eastland
Mississippi Supreme Court
Error to the Circuit Court of Scott county. Hon. John Watts, judge. This was an action of trespass to recover damages sustained by plaintiff by reason of the defendants’ entry upon his land, and cutting and removing timber therefrom. Pleas, 1st. Not guilty ; 2d.
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Error to the Circuit Court of Scott county. Hon. John Watts, judge. This was an action of trespass to recover damages sustained by plaintiff by reason of the defendants’ entry upon his land, and cutting and removing timber therefrom. Pleas, 1st. Not guilty ; 2d. “ That the said lands, mentioned in plaintiff’s declaration, at the times said plaintiff alleges said different trespasses were committed, were in the actual adverse possession of one William P. Meader, who claimed to be the owner thereof, and from whom the defendants obtained leave and license to cut timber.” To this plea the…
1Opinion of the CourtHarris, J.
The plaintiff in error commenced his action of trespass against the defendant in the court below, to recover damages for entering upon his lands, and cutting timber thereon. The defendants filed the general issue, and four special pleas; on all of which, except the second special plea, issue was joined. To the second special plea the plaintiff demurred, and his demurrer was overruled by the court, which is the first error assigned.
The plea alleges that the lands mentioned in plaintiff’s declaration, at the times when the trespasses complained of are alleged to have been committed, were in the…
2Cited by4 opinions
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