Davany v. Koon
Mississippi Supreme Court
Error to the circuit court of Grenada county. Niles, J. This was a suit to recover the value of timber cut down and carried away from the land of plaintiff without his consent by the defendant.
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Error to the circuit court of Grenada county. Niles, J. This was a suit to recover the value of timber cut down and carried away from the land of plaintiff without his consent by the defendant. The lands being the east half of north-east quarter of section 16, township 22 of range 4 east, in the county of Grenada, which was, on the 18th day of March, 1850, leased by the judge of the court of probate, of the county of Yallobusha, to plaintiff in error, for the term of ninety-nine years, and a bond for title was executed by said judge, reciting the terms of the lease, conditioned to make title…
1Opinion of the Court
SlKRALL, J. :
The circuit judge was of opinion, that the contract offered to be read to the jury was inoperative, and conferred no right upon the plaintiff unless accompanied with proof that all the conditions prescribed by law for the sale or lease of the school lands have been complied with. These requisites are a petition of the majority of the heads of families, and the advertisement of the six weeks, etc., of the sale.
There is a palpable distinction between acts done by persons acting in an official capacity, and acts done by private individuals. Liberal indulgencies and intendments are…
2Cases cited2 opinions
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
- Roosevelt v. Heirs of FultonNew York Supreme Court · 1827
3Cited by6 opinions
- Matter of Estate of DavisMississippi Supreme Court · 1987
- City of Fort Smith v. DodsonSupreme Court of Arkansas · 1888
- Lumber Co. v. CuaveMississippi Supreme Court · 1913
- Sims v. StennisMississippi Supreme Court · 1987
- Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906
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