Blake & Boulden v. McCray
Mississippi Supreme Court
Appeal from the Circuit Court of Coahoma County. Hon. J. H. Wynn, Judge. One H. A. Toney was the owner of a certain lot in the town of Clarksdale. There was a parol agreement entered into about the 1st of December, 1887, between him and Chas. McCray by which the former was to erect a livery stable on the lot, the same to be occupied by McCray for one year from and after Jan. 1, 1888. The stable was not complete and ready for delivery by the first of January, as expected.
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Appeal from the Circuit Court of Coahoma County. Hon. J. H. Wynn, Judge. One H. A. Toney was the owner of a certain lot in the town of Clarksdale. There was a parol agreement entered into about the 1st of December, 1887, between him and Chas. McCray by which the former was to erect a livery stable on the lot, the same to be occupied by McCray for one year from and after Jan. 1, 1888. The stable was not complete and ready for delivery by the first of January, as expected. Some dispute arose between them as to the terms of the agreement, and on the 2d of January, 1888, Toney leased the lot and…
1Opinion of the CourtCooper, C. J.
Under the uncontroverted circumstances developed by this record the possession of the plaintiff, secured in the manner stated by himself, was not sufficient to -entitle him to this action.
It is immaterial whether under the parol lease he had aright to a term beginning on the first day of January, for that right was controverted by the owner, who was in possession of the premises. The plaintiff, for the unmistakable purpose of putting upon the owner the onus of evicting him, or of acquiring the right to a summary remedy in case he should be forcibly removed, resorted to the expedient of…
2Cited by1 opinion
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