Inman v. Morris
Mississippi Supreme Court
Appeal from the Circuit Court of Wilkinson County. Hon. J. B. Chbisman, Judge. This action was brought by B. R. Inman, L. A. Inman, and Emily J. King against Mrs. F. J. Morris, before a justice of the peace, upon a demand of one hundred and twenty dollars for the use and occupation of a certain tract of land for the year 1884. The justice of the peace found for the plaintiffs, and the defendant appealed to the circuit court.
Read the full summary
Appeal from the Circuit Court of Wilkinson County. Hon. J. B. Chbisman, Judge. This action was brought by B. R. Inman, L. A. Inman, and Emily J. King against Mrs. F. J. Morris, before a justice of the peace, upon a demand of one hundred and twenty dollars for the use and occupation of a certain tract of land for the year 1884. The justice of the peace found for the plaintiffs, and the defendant appealed to the circuit court. The verdict of the jury in the circuit court was as follows : “ We, the jury, find for plaintiffs as to ownership of the land, without rent for 1884.” The plaintiffs…
1Opinion of the CourtCooper, C. J.
It is manifest by the evidence that the possession of the defendant was adverse to the plaintiffs, and under such circumstances an action for use and occupation does not lie. Newberg & Anderson v. Cowan, 62 Miss. 570; 4 Waite’s Actions & Defenses 270.
Judgment affirmed.
2Cases cited1 opinion
- Newberg & Anderson v. CowanMississippi Supreme Court · 1885
3Cited by1 opinion
- Louisana & Mississippi R. Transfer Co. v. LongMississippi Supreme Court · 1930