Legal Opinion

McKissack v. Bullington

Mississippi Supreme Court

Decided October 15, 1859PublishedCited by 2 opinions

ERROR to tbe Circuit Court of De Soto county. Hon. J. W. Thompson, judge. The Statute on which the plaintiff's suit was founded, is to be found in Rev. Code, 349, Art. 3. “ If any person shall enter, or shall have entered, into any lands or tenements in case where such entry is lawful, and after the expiration of his right shall continue to hold the same against the consent of the party entitled to the possession, the party so entitled, whether as tenant of the freehold,…

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ERROR to tbe Circuit Court of De Soto county. Hon. J. W. Thompson, judge. The Statute on which the plaintiff's suit was founded, is to be found in Rev. Code, 349, Art. 3. “ If any person shall enter, or shall have entered, into any lands or tenements in case where such entry is lawful, and after the expiration of his right shall continue to hold the same against the consent of the party entitled to the possession, the party so entitled, whether as tenant of the freehold, tenant for years or otherwise, shall be entitled to the libe summary remedy at any time within three years after the…

1Opinion of the CourtHarris, J.

The plaintiff in error instituted proceedings for unlawful detainer against defendant, for the possession of a town lot, under the statute. A trial was had before the justices and jury, and verdict rendered for plaintiffi An appeal was taken to the Circuit Court, and there a trial was had and jury and verdict for defendant; and the case is prosecuted here by writ of error. ,

The assignment of errors relates to the charges given and refused, and the refusal to grant a new trial.

The record shows that the plaintiff in error, by verbal contract,sold the lot in question to one Albert Bullington,…

2Cases cited1 opinion

  1. Wilson v. PughMississippi Supreme Court · 1856

3Cited by2 opinions

  1. E. J. Lander & Co. v. DeemyNorth Dakota Supreme Court · 1920
  2. Johnson v. United StatesDistrict Court, N.D. Mississippi · 1992

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