Bomer Bros. v. Warren County
Mississippi Supreme Court
Appeal from the chancery court of Warren county. Hon. E. N. Thomas, Chancellor. Bill in equity by Warren county against Bomer Brothers and others. Erom a decree overruling a demurrer to the bill defendants appeal. The facts are fully stated in the opinion of the court. The subject-matter of this suit, a claim for the value of timber, properly belongs to the jurisdieition of the circuit court.
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Appeal from the chancery court of Warren county. Hon. E. N. Thomas, Chancellor. Bill in equity by Warren county against Bomer Brothers and others. Erom a decree overruling a demurrer to the bill defendants appeal. The facts are fully stated in the opinion of the court. The subject-matter of this suit, a claim for the value of timber, properly belongs to the jurisdieition of the circuit court. In order that this suit for the value of timber alleged to have been cut or destroyed may be tried in the chancery court there must be shown some grounds of equity jurisdiction. Appreciating this fact,…
1Opinion of the Court
Reed, J.,
delivered the opimon of the court.
The county of Warren filed a bill seeking to recover from the appellants the value of certain timber cut, destroyed, and removed from a certain sixteenth section of land. We give in substance the facts stated in the bill.
Mrs. Annie M. Cowan, one of the appellants, is a lessee of the school land in this ease. On February 1, 1894, by instrument duly executed and recorded, she attempted to convey to I. M. Darnell & Son the standing timber on the land. On April 23, 1898, Darnell & Son, by instrument duly executed and recorded, conveyed all of their…
2Cases cited2 opinions
- Keystone Lumber Yard v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1909
- Woods v. RileyMississippi Supreme Court · 1894
3Cited by1 opinion
- Enochs v. State ex rel. RobersonMississippi Supreme Court · 1922