Miller v. Ingram
Mississippi Supreme Court
Error to the Circuit Court of Yazoo County. Hon. S. S. Calhoon, Judge. Catherine Corbet, the widow of Peter Corbet, deceased, attempted to convey by deed to Henry E. Miller the fee-simple of a certain lot in the town of Yazoo City. Miller took possession of the lot, and erected valuable improvements thereon. Richard Ingram and others, the heirs of Peter Corbet, instituted an action of ejectment to recover the possession of the lot, and rents therefor.
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Error to the Circuit Court of Yazoo County. Hon. S. S. Calhoon, Judge. Catherine Corbet, the widow of Peter Corbet, deceased, attempted to convey by deed to Henry E. Miller the fee-simple of a certain lot in the town of Yazoo City. Miller took possession of the lot, and erected valuable improvements thereon. Richard Ingram and others, the heirs of Peter Corbet, instituted an action of ejectment to recover the possession of the lot, and rents therefor. On the trial, it was developed that Catherine Corbet had only a claim of title to the lot through her husband, and tbát no dower in-his' estate…
1Opinion of the CourtCampbell, J.
The proposal of the plaintiff in error to prove an outstanding title, with which he had no connection, was rejected in accordance with several decisions of this court. Griffin v. Sheffield et al., 38 Miss. 359; Morgan et al. v. Hazlehurst Lodge et al., 53 Miss. 665.
Plaintiffs below were entitled to the rent, of the lot as *512improved, and defendant was entitled to the value of his improvements. Code, sect. 1557.
In Tatum v. McClellan, ante, p. 351, a case in chancery, where Tatum was denied pay for improvements, we held that he should pay rent for the land as it would have been without the…
2Cases cited2 opinions
- Morgan v. Hazlehurst LodgeMississippi Supreme Court · 1876
- Griffin v. SheffieldMississippi Supreme Court · 1860
3Cited by7 opinions
- Rafferty v. DavisOregon Supreme Court · 1909
- Anderson v. SuttonSupreme Court of Missouri · 1923
- Southern Cotton Oil Co. v. HenshawSupreme Court of Alabama · 1889
- Johnson v. FutchMississippi Supreme Court · 1879
- Baird v. McNamaraMississippi Supreme Court · 1900
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