Haley v. Taylor
Mississippi Supreme Court
Feom. the circuit court of Copiab county. IIoN. Kobeet Powell, Judge. Haley and others, the appellants, were plaintiffs in tbe court below; Taylor, tbe appellee, was defendant there. The opinion state -the facts. There is no pretense of proof in the record that Taylor ever had authority to cut the timber from any source, from the five plaintiffs other than Albert, Henry and Jim Haley.
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Feom. the circuit court of Copiab county. IIoN. Kobeet Powell, Judge. Haley and others, the appellants, were plaintiffs in tbe court below; Taylor, tbe appellee, was defendant there. The opinion state -the facts. There is no pretense of proof in the record that Taylor ever had authority to cut the timber from any source, from the five plaintiffs other than Albert, Henry and Jim Haley. As to the other five plaintiffs, two of them minors, the record shows a bare, wilful trespass, without any pretense of authority whatever, with full knowledge on the part of Taylor of both the boundaries and the…
1Opinion of the CourtTerral, J.
Eight tenants in common, among them two minors, brought an action for the statutory penalty of fifteen dollars a tree for cutting and removing from their lands five hundred pine trees. The defendant pleaded that he had cut down and removed from the lands of plaintiffs three hundred and sixty-five pine trees, but that he had done so upon a purchase of them from G-eorge Bennett, the sole tenant on the place, who claimed authority to make the sale, and the defendant believed him to have such authority.
The defendant showed that George Bennett was in possession of the locus in quo, and had been-…
2Cases cited1 opinion
- Clark v. FieldMichigan Supreme Court · 1880
3Cited by5 opinions
- Holder v. Elmwood CorporationSupreme Court of Alabama · 1936
- Jackson County v. NevilleMississippi Supreme Court · 1923
- Tolbert v. Southgate Timber Co.Court of Appeals of Mississippi · 2006
- Bollinger-Franklin Lumber Co. v. TullosMississippi Supreme Court · 1921
- Fly Timber Co. v. WaldoCourt of Appeals of Mississippi · 2000