Legal Opinion · Dissent

Ingram Day Lumber Co. v. Robertson

Mississippi Supreme Court

Decided March 15, 1922No. 22241Published

Appeal from chancery court, Hancock county. Hon. D. T. Currie, Special Chancellor. Bill by Stokes V. Robertson, State Revenue Agent, against'the Ingram Day Lumber Company. Decree for the plaintiff, and the defendant appeals.

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Appeal from chancery court, Hancock county. Hon. D. T. Currie, Special Chancellor. Bill by Stokes V. Robertson, State Revenue Agent, against'the Ingram Day Lumber Company. Decree for the plaintiff, and the defendant appeals. The facts are that the board of supervisors first caused a fifteen years lease of this land to be sold and it was bought in by G. W. Walker, all .parties believing that the purchaser was buying the timber; and the purchaser intending to buy, and the seller intending to sell the timber. This is disputed by appellee in his brief, but is shown to be true: (A) By the fact…

1DissentAnderson, J.

(dissenting.) I am constrained to dissent from the majority opinion.

In 1900, when the board of supervisors leased the half section of land in question to Walker, as well as in 1902, when Moores bought Walker’s lease at its foreclosure sale (Walker and Moores being predecessors in title to appellant), said land was of little value, if any, except for the pine timber thereon. It had no value for agricultural purposes, nor as pasturage land, for it was surrounded by hundreds of thousands of acres of free pasturage lands.

At that time chapter 40, Laws of 1898, as well as chapter 41, Laws of 1898,…

2Cases cited25 opinions

  1. United States v. StinsonSupreme Court of the United States · 1905
  2. State v. CarrCourt of Appeals for the Eighth Circuit · 1911
  3. Hopwood v. McCauslandSupreme Court of Iowa · 1903
  4. Indiana v. MilkDistrict Court, D. Indiana · 1882
  5. Lucas v. LucasSupreme Court of Georgia · 1860

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