Mason v. O'Brien
Mississippi Supreme Court
Error to the Circuit Court of Marshall county. lion. Alexander M. Clayton, judge. Charles O’Brien, a dentist in Holly Springs, rented a room for the practice of his profession, from W. E. Mason, one of the plaintiffs in error. During the existence of the lease, in the year 1860, O’Brien died.
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Error to the Circuit Court of Marshall county. lion. Alexander M. Clayton, judge. Charles O’Brien, a dentist in Holly Springs, rented a room for the practice of his profession, from W. E. Mason, one of the plaintiffs in error. During the existence of the lease, in the year 1860, O’Brien died. After his death, Mason gave notice to an agent of defendants in error that O’Brien was indebted to him for rent of his office, and that he intended to hold the dental instruments to secure him, and did not wish them removed from the room occupied by him. J. It. McCarrOll, one of the plaintiffs in error,…
1Opinion of the CourtPeyton, J.
This was an action of trover instituted in the Circuit Court of Marshall county by Elizabeth A. O’Brien, widow of *426Charles O’Brien,deceased, and Charles O’Brien, Henry O’Brien, and Franldin. P. O’Brien, infant children of Charles. O’Brien, deceased, • by their next friend, Elizabeth A.' O’Brien, against William F. Mason and John B. McCarroll, to recover the value of a dentist’s lathe and a set of dental instruments.
The proof shows that Charles O’Brien, who was a dentist by profession, departed this .life in the fall of the year 1860, intestate, and in possession of the property in controversy.…
2Cases cited4 opinions
- Wally v. WallyMississippi Supreme Court · 1868
- Whitley v. StephensonMississippi Supreme Court · 1859
- Towns v. BoarmanMississippi Supreme Court · 1851
- Coleman v. BrookeMississippi Supreme Court · 1859
3Cited by2 opinions
- Ex parte BarnesSupreme Court of Alabama · 1887
- De Baum v. Hulett Undertaking Co.Mississippi Supreme Court · 1934