Lewis v. Myer
Mississippi Supreme Court
Appeal from the circuit court of Smith county. Hon. W. H. Hughes, Judge. Suit by Joseph Myer against J. S. Lewis. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. There is involved in this case, the question of whether or not the lessee of sixteenth section land has such title vested in him as gives him the right to sue for and recover for timber cut, where there is plenty of timber left for estovers.
Read the full summary
Appeal from the circuit court of Smith county. Hon. W. H. Hughes, Judge. Suit by Joseph Myer against J. S. Lewis. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. There is involved in this case, the question of whether or not the lessee of sixteenth section land has such title vested in him as gives him the right to sue for and recover for timber cut, where there is plenty of timber left for estovers. The special plea in this case alleges that the check sued on was given for a compromise settlement of timber cut by appellant, and…
1DissentEthridge, J.
I cannot concur in the decision of the majority in this case. The check upon which the suit was brought was given to W. B. Burns as a compromise for the cutting of timber standing on sixteenth section lands, of which the payee was lessee. This check *462was indorsed to Myer, without recourse. The plea alleges that the defendant, Lewis, had cut certain timber on sixteenth section lands on which the county was the owner of the timber, and the title to the timber was vested in the county, and the county was the only party entitled to recover therefor, and that there was sufficient timber left for…
2Cases cited7 opinions
- Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906
- Warren County v. GansMississippi Supreme Court · 1902
- Jefferson Davis County v. Simrall Lumber Co.Mississippi Supreme Court · 1909
- Baggett v. McCormackMississippi Supreme Court · 1895
- Fermwood Lumber Co. v. RowleyMississippi Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.