Legal Opinion

West v. Kitchell

Mississippi Supreme Court

Decided March 15, 1915PublishedCited by 4 opinions

Appeal from the circuit court of Leflore county. Hon. Monroe McClurg, Judge. Suit by N. D. West against Mrs. G. Y. Kitchell. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The legal wrong committed by defendant consisted in her failing, refusing and neglecting to deliver plaintiff into the quiet and peaceable possession of the premises which she had let to him.

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Appeal from the circuit court of Leflore county. Hon. Monroe McClurg, Judge. Suit by N. D. West against Mrs. G. Y. Kitchell. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The legal wrong committed by defendant consisted in her failing, refusing and neglecting to deliver plaintiff into the quiet and peaceable possession of the premises which she had let to him. It was a breach of her covenant for the quiet enjoyment and peaceable possession. Stein, the then tenant, refused to give possession of the premises to West, or Kitchell. Had…

1Opinion of the CourtCook, J.

August 20, 1912, Mrs. Kitchell, appellee, "executed a lease contract whereby she leased certain hotel property situated in the city of Greenwood to appellant, N. D. West, for a term of ten years, to begin September 3, 1912. It appears that when the lease was executed the property leased was in the possession of one Stein, under a lease contract which was to expire on the day of the beginning of appellant’s lease. Stein refused to sur•render the property, although the lessor and owner of same requested him to yacate the premises and deliver possession of same to appellant. This action was then…

2Cases cited1 opinion

  1. Sloan v. . HartSupreme Court of North Carolina · 1909

3Cited by4 opinions

  1. Snider v. DebanMassachusetts Supreme Judicial Court · 1924
  2. Hannan v. DuschSupreme Court of Virginia · 1930
  3. McMillan v. BestMississippi Supreme Court · 1935
  4. Ward v. HudsonMississippi Supreme Court · 1946

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