Legal Opinion

Walton v. Wall

Mississippi Supreme Court

Decided October 15, 1915PublishedCited by 1 opinion

Appeal from the circuit court of Panola county. Hon. N. A. Taylor, Judge. Action of unlawful entry and detainer by J. H. Walton and others against E. C. Wall. From a judgment for ■ defendant, plaintiffs appeal. The facts are fully stated in the opinion of the court.. In the case of Parker v. Eason, 68 Miss. 290, Eason was in possession by his tenant, when Parker moved on the land and notified Eason’s tenant to leave. Eason himself did not personally occupy the land.

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Appeal from the circuit court of Panola county. Hon. N. A. Taylor, Judge. Action of unlawful entry and detainer by J. H. Walton and others against E. C. Wall. From a judgment for ■ defendant, plaintiffs appeal. The facts are fully stated in the opinion of the court.. In the case of Parker v. Eason, 68 Miss. 290, Eason was in possession by his tenant, when Parker moved on the land and notified Eason’s tenant to leave. Eason himself did not personally occupy the land. Eason brought suit, in an action of unlawful entry and detainer and recovered. In affirming the case Campbell, Judge, says ‘ ‘…

1Opinion of the CourtCook, J.

This is an action of unlawful entry' and detainer instituted by the appellants against appellee, and resulted in a verdict and judgment against appellants by the peremptory direction of the court.

*364The record indisputably shows that the appellants, plaintiffs below, were not entitled to the relief sought, because it appears that they had rented the land in question to one Bob Cleveland, and that their tenant was in possession of the land at the time this suit was begun. In that regard the facts here are identical with the facts in Hammel v. Atkinson, 82 Miss. 465, 34 So. 225. It follows,…

2Cases cited1 opinion

  1. Hammel v. AtkinsonMississippi Supreme Court · 1903

3Cited by1 opinion

  1. Coman v. JourdanMississippi Supreme Court · 1938

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