Davis v. Doe ex dem. Delpit
Mississippi Supreme Court
In error from the circuit court of Harrison county; Hon. W. P. Harris, judge. This was an action of ejectment instituted by A. Delpit against Benjamin Davis in the circuit court of Harrison county at the September term, 1851. Upon.the trial of the cause, the plaintiff below asked the following instructions to the jury, which were given by the court: — 1st. That if the jury believe from the evidence, that Davis held the property under Delpit as his tenant, then the tenant…
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In error from the circuit court of Harrison county; Hon. W. P. Harris, judge. This was an action of ejectment instituted by A. Delpit against Benjamin Davis in the circuit court of Harrison county at the September term, 1851. Upon.the trial of the cause, the plaintiff below asked the following instructions to the jury, which were given by the court: — 1st. That if the jury believe from the evidence, that Davis held the property under Delpit as his tenant, then the tenant cannot question the title of his landlord. 2d. That if the jury find for the plaintiff, they may find what mesne profits or…
1Opinion of the CourtJustice Yerger
This case has been submitted on a reargument.
On the trial in the circuit court, the judge instructed the jury that, “if they find for the plaintiff', then they may find what mesne profits or damages the plaintiff may have suffered by holding of his property.”
On the previous argument of this cause, we held this instruction to be erroneous, and we have not been able by our subsequent examinations to find sufficient reasons to change ’that opinion. Ever since the action of ejectment was adopted, as a mode of trying title to real estate, it has been well settled *447as a rule of the common law, so…
2Cited by3 opinions
- People v. Briggs, Oyer and Terminer, Albany County1880
- Byrd v. StateMississippi Supreme Court · 1879
- State Ex Rel. Cutting v. LaGraveNevada Supreme Court · 1896