Bond v. Griffin
Mississippi Supreme Court
From the circuit court of Harrison county. Appeal by defendant below and the sureties on his replevin bond; cross appeal by plaintiff below. The facts are stated in the opinion of the court. The logs actually cut and removed from the school land in question were so inextricably mingled with the other logs of the defendant as to render identification of them impossible.
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From the circuit court of Harrison county. Appeal by defendant below and the sureties on his replevin bond; cross appeal by plaintiff below. The facts are stated in the opinion of the court. The logs actually cut and removed from the school land in question were so inextricably mingled with the other logs of the defendant as to render identification of them impossible. Under the established rule, replevin cannot be maintained in such a case unless the confusion was caused by the wilful and wrongful act of the defendant. In the absence of proof of such wrongful act, complete identification is…
1Opinion of the CourtStockdale, J.
This is a replevin suit brought by W. E. Griffin, appellee, against Preston Bond, appellant, for pine saw logs cut and removed by said Bond from lands that the said Griffin claimed to own — section 16, township 2, range 12. The jury rendered a verdict for plaintiff for 966 logs or their alternate value, $121.75, and the court rendered judgment in accordance with the verdict. Both parties moved for a new trial, both motions were overruled, and both parties appealed to this court.
On the trial the plaintiff below set up a ninety-nine years lease of said section 16, township 2, range 12 by the…
2Cited by9 opinions
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- Carruth v. EasterlingMississippi Supreme Court · 1963
- System Fuels, Inc. v. BarnesMississippi Supreme Court · 1978
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