McCaughn v. Young
Mississippi Supreme Court
From tbe circuit court of, first district, Coahoma county. Hon. Samuel O. Cook, Judge. Young, the appellee, was plaintiff, and McCaughn, the appellant, was defendant in the court below. The action was an ejectment. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The opinion states the facts of the case.
Read the full summary
From tbe circuit court of, first district, Coahoma county. Hon. Samuel O. Cook, Judge. Young, the appellee, was plaintiff, and McCaughn, the appellant, was defendant in the court below. The action was an ejectment. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The opinion states the facts of the case. It should be borne in mind that the land in controversy was uncleared woodland until after the same was purchased in 1900 by appellant, and was not susceptible of being occupied as cleared or improved land would be. The appellant, and those through whom he…
1Opinion of the CourtTruly, J.
This is an action of ejectment instituted by George Young, appellee. On the trial hereof in the circuit court, plaintiff, having established his record title, closed his case. At the conclusion of the testimony for the defendant, McOaughn, appellant here, the court gave a peremptory instruction for the plaintiff, and this action of the court is assigned as error.
It is well settled in our state that, where a peremptory instruction is given, the losing party is entitled, upon the review of the action of the court, to have all facts in his favor considered as true. A peremptory instruction is…
2Cases cited19 opinions
- Fletcher v. FullerSupreme Court of the United States · 1887
- Crispen v. HannavanSupreme Court of Missouri · 1872
- Worthley v. BurbanksIndiana Supreme Court · 1897
- Clark v. GilbertSupreme Court of Connecticut · 1872
- Atkinson v. Washington & Jefferson CollegeWest Virginia Supreme Court · 1903
14 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Johnson v. BlackMississippi Supreme Court · 1985
- City of Greenville v. LauryMississippi Supreme Court · 1935
- Hughes v. Star Homes, Inc.Mississippi Supreme Court · 1980
- Davis v. ClementMississippi Supreme Court · 1985
- Stallings v. BaileyMississippi Supreme Court · 1990
50 more not listed; retrieve them via the Exa API.