Legal Opinion

Morris v. Henderson

Mississippi Supreme Court

Decided October 15, 1859PublishedCited by 19 opinions

ERROR to the Circuit Court of Washington county. Hon. J. S. Yerger, judge. John Henderson brought this action, under the Pleading Act of 1850, against the plaintiff in error, for the recovery of section 4, township 19, range 9 west, in Washington county; and claimed rent for the occupation of it for three years by the defendant, at the rate of $500 per annum. Defendant answered, 1st. By a general denial of the allegations of the complaint; and 2d.

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ERROR to the Circuit Court of Washington county. Hon. J. S. Yerger, judge. John Henderson brought this action, under the Pleading Act of 1850, against the plaintiff in error, for the recovery of section 4, township 19, range 9 west, in Washington county; and claimed rent for the occupation of it for three years by the defendant, at the rate of $500 per annum. Defendant answered, 1st. By a general denial of the allegations of the complaint; and 2d. In answer to so much of the complaint as claimed rent, the defendant denied that the rent was worth $500 or any other sum ; and claimed that the…

1Opinion of the CourtHandy, J.

This action was brought by John Henderson to a of land from the possession of the plaintiff in error. Pending the suit, Henderson died, and the cause was revived in the name of the *500defendant in error. A verdict and judgment having been rendered for the plaintiff, the defendant moved for a new trial on various grounds; and to the overruling of that motion, he filed his bill of exceptions, and thereupon brings the case here.

Numerous errors are assigned and insisted upon, which we will proceed to consider.

The first, second, and fourth assignments of error proceed upon the ground, that after the…

2Cases cited2 opinions

  1. James v. JamesNew York Court of Chancery · 1833
  2. Wesling v. NoonanMississippi Supreme Court · 1856

3Cited by19 opinions

  1. Heard v. StateMississippi Supreme Court · 1882
  2. Lipscomb v. StateMississippi Supreme Court · 1897
  3. Bessler Movable Stairway Co. v. Bank of LeakesvilleMississippi Supreme Court · 1925
  4. Jackson v. StateMississippi Supreme Court · 1932
  5. Byrd v. WallisMississippi Supreme Court · 1938

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