Gaines v. Kennedy
Mississippi Supreme Court
Appeal from the Chancery Court of Calhoun County. Hon. W. D. Frazee, Chancellor. This was a bill in chancery, filed by J. A. P. Kennedy against the heirs-at-law of Alexander Armstrong, to enjoin the execution of a judgment in ejectment, which said heirs had recovered .against the complainant. The case comes to this court from a decree overruling a demurrer to the bill.
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Appeal from the Chancery Court of Calhoun County. Hon. W. D. Frazee, Chancellor. This was a bill in chancery, filed by J. A. P. Kennedy against the heirs-at-law of Alexander Armstrong, to enjoin the execution of a judgment in ejectment, which said heirs had recovered .against the complainant. The case comes to this court from a decree overruling a demurrer to the bill. The allegations of the bill are very fully stated in the opinion of the court. 1. The matters set forth in the bill were fully adjudicated by the Circuit Court, in the rendition of the judgment which the bill seeks to enjoin;…
1Opinion of the CourtSimrall, C. J.
The defendant in ejectment “ may plead the value of all permanent, valuable, and not ornamental improvements, made by the defendant, or any one under whom he claims, before notice of intention of the plaintiff to sue.” “ But no defendant shall be entitled to such compensation for improvements, unless he shall claim the premises under some contract or deed of purchase made or acquired in good faith.”
What the statute intended by claim under contract or deed in good faith, was announced at this term, in the case of Cole v. Johnson, ante, 94.
*107It is disclosed in the bill that in the ejectment suit…
2Cases cited5 opinions
- Lee v. GardinerMississippi Supreme Court · 1853
- Wilie v. BrooksMississippi Supreme Court · 1871
- Short v. PorterMississippi Supreme Court · 1870
- Handy v. NoonanMississippi Supreme Court · 1875
- Kempe v. PintardMississippi Supreme Court · 1856
3Cited by11 opinions
- Pray v. HewittMississippi Supreme Court · 1965
- Maroney v. TannehillSupreme Court of Oklahoma · 1923
- Lindt v. UihleinSupreme Court of Iowa · 1902
- McGee v. WallisMississippi Supreme Court · 1880
- Brunt v. McLaurinMississippi Supreme Court · 1937
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