Cummings v. Kilpatrick
Mississippi Supreme Court
On appeal from the circuit court of Madison county; Hon. Hugh R. Miller, judge. The facts of the case are. sufficiently stated, in the opinion of the court and the briefs of counsel. This was an action of unlawful detainer, instituted in Marshall county, by the defendant in error against the plaintiff in error.
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On appeal from the circuit court of Madison county; Hon. Hugh R. Miller, judge. The facts of the case are. sufficiently stated, in the opinion of the court and the briefs of counsel. This was an action of unlawful detainer, instituted in Marshall county, by the defendant in error against the plaintiff in error. The magistrates, upon the verdict of the jury, rendered a judgment against the defendant in error, who appealed to the circuit court of Marshall county, where another judgment was rendered against him, and he again appealed. The material facts established by the proof are these. That…
1Opinion of the CourtJustice Smith
This case comes before us by appeal, from the circuit court of Marshall. In its inception it was an action of unlawful detainer, instituted under the third section of the *115statute 'concerning forcible entries and detainers. Hutch. Dig. 813. •
On the.trial of the issue in the circuit court, the defendant demurred to the evidence of the plaintiff. The court, upon the facts thus established by the demurrer, determined the issue in favor of the appellee; and judgment was accordingly entered for him.
The material facts, as they appear in the record, are as follows. Kilpatrick, the appellee, on the…
2Cases cited5 opinions
- Allen v. GibsonCourt of Appeals of Virginia · 1826
- Mattox v. HelmCourt of Appeals of Kentucky · 1824
- Beauchamp v. MorrisCourt of Appeals of Kentucky · 1816
- Chiles v. StephensCourt of Appeals of Kentucky · 1821
- Marks' Heirs v. AubryCourt of Appeals of Kentucky · 1820
3Cited by3 opinions
- Ragan v. HarrellMississippi Supreme Court · 1876
- Wolfe v. AngevineMississippi Supreme Court · 1880
- Taylor v. OrlanskyMississippi Supreme Court · 1908