Moring v. Ables
Mississippi Supreme Court
Appeal from the Circuit Court of Yalobusha County. Hon. W. S. Featherston, Judge. This is an action of ejectment brought by Henderson Abies against W. E. Moring to recover the possession of certain lots of land in the town of Coffeeville. The facts developed by the evidence are sufficiently stated in the opinion of the court.
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Appeal from the Circuit Court of Yalobusha County. Hon. W. S. Featherston, Judge. This is an action of ejectment brought by Henderson Abies against W. E. Moring to recover the possession of certain lots of land in the town of Coffeeville. The facts developed by the evidence are sufficiently stated in the opinion of the court. A jury was waived and the case tried by the judge of the court below, who rendered a judgment in favor of the plaintiff, from which the defendant appealed to this court. Is Moring’s possession that of an intruder, or is it the possession of one in under title or color of…
1Opinion of the CourtCoopeb, J.
This case presents two questions for decision: First, had the plaintiff, prior to his eviction by the defendant, acquired title to the locus in quo by adverse possession? second, if he had not and the defendant is the real owner, may the plaintiff, nevertheless, recover in this action because of the forcible entry of the defendant ?
The facts relative to the possession of the lands by the plaintiff are, as stated by him, that in the fall of 1870 he purchased them from Sylvester Wilkie, agreeing by parol to pay him four hundred and fifty dollars as the purchase-money therefor; of this sum he…
2Cases cited8 opinions
- Reeder v. PurdyIllinois Supreme Court · 1866
- Bryan v. AtwaterSupreme Court of Connecticut · 1811
- Ormond v. MartinSupreme Court of Alabama · 1861
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- Niles v. DavisMississippi Supreme Court · 1883
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3Cited by6 opinions
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- Lay v. Great Southern Lumber Co.Mississippi Supreme Court · 1918
- Rawlings v. RawlingsMississippi Supreme Court · 1919
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