Jefferson Davis County v. Simrall Lumber Co.
Mississippi Supreme Court
From the circuit court of Jefferson county. Hon. Robert L. Bullard, Judge. Jefferson Davis county, appellant, .was plaintiff in the court below; tbe lumber company,' appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to tbe supreme court.
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From the circuit court of Jefferson county. Hon. Robert L. Bullard, Judge. Jefferson Davis county, appellant, .was plaintiff in the court below; tbe lumber company,' appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to tbe supreme court. Tbe facts are stated in tbe opinion of tbe court Tbe testimony of appellee showed that they bought, cut, manufactured into timber and sold tbe timber solely for commercial purposes, while, tbe testimony of Tyrone, tbe real vendor, shows that be intended and still intends to denude tbe lands of all of tbe timber. It is…
1Opinion of the CourtSmith, J.
“Jefferson Davis County, plaintiff, by its board of supervisors,” instituted suit in the court below to recover from appellee damages for waste alleged to have been committed by appellee in cutting timber from sixteenth section land. Judgment was rendered in favor or the defendant,-and plaintiff appeals to this court.
The right of the county, or its board of supervisors, to institute a suit of this character, is challenged on the ground that an action for waste can only be brought by the owner of the fee, the party having 'the right to the reversion; that such title and reversion of sixteenth…
2Cases cited2 opinions
- Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906
- Warren County v. GansMississippi Supreme Court · 1902
3Cited by20 opinions
- National Wildlife Federation v. William T. Coleman, Secretary of TransportationCourt of Appeals for the Fifth Circuit · 1976
- Hill v. ThompsonMississippi Supreme Court · 1989
- Lipscomb v. Columbus Municipal Separate School DistrictCourt of Appeals for the Fifth Circuit · 2001
- State Ex Rel. Rice v. StewartMississippi Supreme Court · 1938
- Tally v. Board of Supervisors of Smith CountyMississippi Supreme Court · 1975
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