Metcalfe v. McCutchen
Mississippi Supreme Court
Appeal from the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. This is an action of ejectment brought by M. P. Metcalfe and wife against John M. McCutchen and Susan P. Taylor; and from a judgment in favor of the defendants, M. P. Met-calfe appealed to this court. The facts of the case, and the points in controversy are stated in the opinion of the court.
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Appeal from the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. This is an action of ejectment brought by M. P. Metcalfe and wife against John M. McCutchen and Susan P. Taylor; and from a judgment in favor of the defendants, M. P. Met-calfe appealed to this court. The facts of the case, and the points in controversy are stated in the opinion of the court. It appeal’s by the first bill of exceptions that the court set aside the first verdict on the sole ground that the declaration and proof varied as to the number of the range. “ If the verdict on the first trial was improperly…
1Opinion of the CourtCooper, J.
The appellant (plaintiff in the court below), is the owner of the west half of sect. 31, T. 19, R. 6 west, in Washington County, and the appellee (defendant below) is the owner of the east half of said section.
On or near a line running north and south, and dividing the section, but not extending through the entire section, a fence has stood for the past thirty years. To the extent of this fence the land on the defendant’s side has been inclosed and cultivated for more than ten years prior to the institution of this suit by the defendant and those under whom he claims. The land east of a line…
2Cases cited1 opinion
- French v. PearceSupreme Court of Connecticut · 1831
3Cited by20 opinions
- Pearthree v. Hartford Acc. & Indem. Co.Mississippi Supreme Court · 1979
- Rennert v. ShirkIndiana Supreme Court · 1904
- Rude v. MarshallMontana Supreme Court · 1917
- Jones v. GaddisMississippi Supreme Court · 1890
- Burt v. Florida Southern Railway Co.Supreme Court of Florida · 1901
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