Isaac v. President & Trustees of Franklin Academy
Mississippi Supreme Court
In error from the circuit court of Lowndes county; Hon. Wm. L. Harris, judge. A sufficient statement of the facts of the case are contained in the opinion of the court. Contended that the appellant is merely executor of W. C. Winston’s estate, and he cannot be charged in that capacity with the acts of trespass committed by another.
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In error from the circuit court of Lowndes county; Hon. Wm. L. Harris, judge. A sufficient statement of the facts of the case are contained in the opinion of the court. Contended that the appellant is merely executor of W. C. Winston’s estate, and he cannot be charged in that capacity with the acts of trespass committed by another. The appellees cannot claim any thing but the rent for the premises, and the possession and use belong to another; not being entitled to the possession, they cannot claim a suit for damages to the possession. The lease of the lands is for ninety-nine years,…
1Opinion of the CourtJustice Fisher
The plaintiffs below brought this suit in the circuit court of Lowndes county, to recover damages for injuries done to a lot of ground situated in the town of Columbus, of which it is alleged they are the owners.
The defendant below demurred to the complaint, assigning various causes of demurrer, all of which were overruled by the court below.
*121The facts as shown by the complaint and the exhibit filed therewith, are as follows: —
The lot is part of the sixteenth section, donated for the use of schools, which it appears from the pleadings is under the control and management of the plaintiffs.…
2Cited by4 opinions
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- Geer v. Boston Little Circle Zinc Co.Missouri Court of Appeals · 1907
- Senter v. PropstMississippi Supreme Court · 1940
- Bowen v. SealeMississippi Supreme Court · 1871