Paden v. Gibbs
Mississippi Supreme Court
From the circuit court of Clay county. Non. J. T. Dunn, Judge. Gibbs and another, the appellees, were plaintiffs in the court below; Mrs. Paden and another, the appellants, were defendants there. From a judgment in plaintiffs’ favor the defendants appealed to the supreme court. The action was unlawful entry and detainer. The facts upon which the decision turned are stated in the opinion of the court.
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From the circuit court of Clay county. Non. J. T. Dunn, Judge. Gibbs and another, the appellees, were plaintiffs in the court below; Mrs. Paden and another, the appellants, were defendants there. From a judgment in plaintiffs’ favor the defendants appealed to the supreme court. The action was unlawful entry and detainer. The facts upon which the decision turned are stated in the opinion of the court. The description of the land sued for was carefully and minutely given, in the complaint upon which the suit was based, as being in “section 2,” while the proof clearly shows that it was in…
1Opinion of the Court
Calhoon, L,
delivered the opinion of the court.
This is a proceeding under Code 1892, ch. 142, on “Unlawful Entry and Detainer,” in which proceeding the plaintiff describes the land as being in section 2. The defendants entered a disclaimer of any possession at any time of the land described.
It is urged that, although the affidavit describes the land as being in section 2, still it is enough that, after careful description, it proceeds: “Being the same land that was in the possession of W. B. Henderson, tenant of J. T. Gibbs, up to the 26th day of May, 1903, when the said Henderson was turned…
2Cited by1 opinion
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