Bollinger-Franklin Lumber Co. v. Tullos
Mississippi Supreme Court
Appeal from circuit court of Attala county. Hon. T. L. Lamb, Judge. Action by Alice Tullos and others against the BollingerFranklin Lumber Company. Judgment for plaintiffs,' and defendant appeals, and plaintiffs cross-appeal. No evidence that the trees were not cut by consent of some of the owners of the land.
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Appeal from circuit court of Attala county. Hon. T. L. Lamb, Judge. Action by Alice Tullos and others against the BollingerFranklin Lumber Company. Judgment for plaintiffs,' and defendant appeals, and plaintiffs cross-appeal. No evidence that the trees were not cut by consent of some of the owners of the land. Treating the case, as did the trial court, as one for the statutory penalties for cutting trees, the absence from the declaration of an averment that the trees were cut without the consent of the owners did not relieve plaintiff from the necessity of proving that the owners, all of…
1Opinion of the CourtHolden, J.
This is a suit to recover the statutory penalty from appellant for the cutting of trees owned by the appellees as tenants in common, and resulted, in a verdict of four hundred dollars for them The appellees, Mrs. Tullos and her *859cotenants, inherited the timber from her deceased husband, and brought this , suit as tenants in common. One of these joint owners was not a party plaintiff to the suit, nor did he appear at the trial of the case. The appellant, urges several errors for reversal on direct appeal, and the appellee seeks reversal on cross-appeal.
The record discloses several errors…
2Cases cited2 opinions
- Therrell v. EllisMississippi Supreme Court · 1903
- Haley v. TaylorMississippi Supreme Court · 1900
3Cited by7 opinions
- Farragut v. MasseyMississippi Supreme Court · 1993
- McCorkle v. Loumiss Timber Co.Court of Appeals of Mississippi · 2000
- Tolbert v. Southgate Timber Co.Court of Appeals of Mississippi · 2006
- J. R. Buckwalter Lumber Co. v. WrightMississippi Supreme Court · 1931
- Twin States Land & Timber Co. v. ChapmanCourt of Appeals of Mississippi · 1999
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