Scarborough v. Smith
Mississippi Supreme Court
Error to tbe Circuit Court of Attala County. . Hon. JasoN Niles, Judge. This was an action of ejectment by Martha E. Scarborough ¡and her husband, afterwards prosecuted by plaintiff in error, as sole heir, against Mary Smith, wife of J. J. Smith. The case-was tried, and resulted in a verdict for defendant. On the trial, among other instructions for the defendant, the court gayo the following: “10th.
Read the full summary
Error to tbe Circuit Court of Attala County. . Hon. JasoN Niles, Judge. This was an action of ejectment by Martha E. Scarborough ¡and her husband, afterwards prosecuted by plaintiff in error, as sole heir, against Mary Smith, wife of J. J. Smith. The case-was tried, and resulted in a verdict for defendant. On the trial, among other instructions for the defendant, the court gayo the following: “10th. In this case the plaintiff cannot recover unless helms shown legal title in himself at the time the action was brought, and if the jury believe from the evidence that J. J. Smith executed a deed…
1Opinion of the Court
Chalmers, J.,
delivered the opinion of the court. ■
The trial in this case'resulted in a verdict for defendant in the court below. Plaintiff moved for a new trial, at the same time tendering a bill of exceptions embodying the testimony, which was signed and sealed.
The court took the motion under ádvisement, enteiing an order to that effect on the minutes. At the next term the court was still unprepared to decide the motion, and had the same continued bjr entry on the minutes. Subsequently, during vacation, the judge directed the clerk to enter an order sustaining the motion, which the clerk…
2Cases cited1 opinion
- Coopwood v. PrewettMississippi Supreme Court · 1855
3Cited by6 opinions
- Mayflower Mills v. BreelandMississippi Supreme Court · 1933
- Union Motor Car Co. v. CartledgeMississippi Supreme Court · 1923
- Callicott v. HornMississippi Supreme Court · 1925
- Ball v. SloanMississippi Supreme Court · 1990
- Fulton v. HughesMississippi Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.