McCorkle v. Yarrell
Mississippi Supreme Court
Error to the Circuit Court of Lauderdale County. Hon. J. S. Hamm, Judge. The case is stated in the opinion of the court. Did the plaintiff adopt the proper remedy ? I maintain that it was his only remedy. The action is brought under section 1582 of the Code of 1871. That statute is very comprehensive.
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Error to the Circuit Court of Lauderdale County. Hon. J. S. Hamm, Judge. The case is stated in the opinion of the court. Did the plaintiff adopt the proper remedy ? I maintain that it was his only remedy. The action is brought under section 1582 of the Code of 1871. That statute is very comprehensive. As said by the court in Ragan v. Harrell, 52 Miss., “ It is difficult to comprehend the full scope of this legislation, ancl impossible to anticipate or define its practical workings.” It may be contended that ejectment is the proper remedy, but the Legislature has given a more summary remedy in…
1Opinion of the CourtChalmers, J.
The plaintiff, having made entry of the land in question under the homestead laws of the United States (U. S. Rev. Stat., sec. 2290 et seq.), brought this action of unlawful detainer against defendants, whom he found in possession. It was properly decided against him. The action of forcible entry and unlawful detainer lies only in the cases pointed out by statute, and these embrace, speaking generally, cases only where possession has been obtained by force, fraud, or stealth, or is wrongfully withheld after the expiration of a term springing out of, or dependent upon, a contract, express or…
2Cited by5 opinions
- Lobdell v. MasonMississippi Supreme Court · 1894
- Holmes v. ElmerMississippi Supreme Court · 1938
- Sistrunk v. MajureMississippi Supreme Court · 1939
- Williams v. JohnsonMississippi Supreme Court · 1936
- Owen v. Monroe County AllianceMississippi Supreme Court · 1899