Legal Opinion

Hauer v. Davidson

Mississippi Supreme Court

Decided March 15, 1917PublishedCited by 5 opinions

Appeal from the circuit court of Wilkinson county. Hon. E.. E. Jackson, Judge. Ejectment hv Mrs. M. M. Davidson against Mrs. Mamie K. Hauer. From a judgment for plaintiff, defendant appeals. ■ The facts are fully stated in the opinion of the court.

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Appeal from the circuit court of Wilkinson county. Hon. E.. E. Jackson, Judge. Ejectment hv Mrs. M. M. Davidson against Mrs. Mamie K. Hauer. From a judgment for plaintiff, defendant appeals. ■ The facts are fully stated in the opinion of the court. In support of first assignment of error that the court below erred in admitting in evidence the deed from Ann Davis to Charlotte C. Philbrick and John Philbrick we say that proof was necessary that, Ann Davis was the heir at law of Landon Davis, in whom title vested by entry. See 2 Greenleaf on Evidence section 354, sixth edition. It is' true that…

1Opinion of the CourtSmith, C. J.

This is an action of ejectment, in which appellee was plaintiff and appellant defendant, in the court below, and in which, at the close of the evidence, the jury were peremptorily instructed to find for the plaintiff.

Appellee attempted by her evidence, but failed, to show a complete paper title to the land in controversy. When she rested her case there was nothing in the evidence which indicated that she and the defendant claimed from a common source. A motion to exclude *704the evidence was then made by the defendant and erroneously overruled. Appellant, instead of also resting her case,…

2Cases cited1 opinion

  1. Hairston v. MontgomeryMississippi Supreme Court · 1912

3Cited by5 opinions

  1. Dennis v. PrisockMississippi Supreme Court · 1969
  2. Hurst v. J. M. Griffin & Sons, Inc.Mississippi Supreme Court · 1950
  3. Nebhan v. MansourMississippi Supreme Court · 1932
  4. Ford v. SmithMississippi Supreme Court · 1931
  5. Hurst v. J. M. Griffin & Sons, Inc.Mississippi Supreme Court · 1950

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