Bernard v. Elder
Mississippi Supreme Court
Error to the Circuit Court of Harrison County. Hon. Green C. Chandler, Judge. This is an action of ejectment brought to the November term, 1858. Plea of not guilty filed November 28, 1858. Four special pleas were filed May 30, 1860, also six other special pleas, and on the same day, plaintiffs filed a demurrer to all oí said special pleas, which was sustained as to the'lst, 3d, 9th, 10th and 11th pleas and ■overruled as to all the others.
Read the full summary
Error to the Circuit Court of Harrison County. Hon. Green C. Chandler, Judge. This is an action of ejectment brought to the November term, 1858. Plea of not guilty filed November 28, 1858. Four special pleas were filed May 30, 1860, also six other special pleas, and on the same day, plaintiffs filed a demurrer to all oí said special pleas, which was sustained as to the'lst, 3d, 9th, 10th and 11th pleas and ■overruled as to all the others. Replications were filed July 6, 1871, to these pleas. The case was tried on the 11th of July, 1871, and four instructions were given on the part of…
1Opinion of the CourtSimrALL, J.
*340This was an action of ejectment brought by the plaintiffs in error, to recover possession of a parcel of land on the bay of Boboxi.
The defendant pleaded the general issue, and several special pleas, setting up the statute of limitations of seven and ten years (and other matters not necessary to be stated), in bar of the action.
To these pleas there were demurrers. To some of the pleas the demurrers were sustained, and overruled as to others.
These rulings of the circuit court are assigned for error.
At the common law the defendant, was permitted to make defense upon the terms that he entered…
2Cases cited2 opinions
- Russ v. WingateMississippi Supreme Court · 1855
- Smith v. WilliamsMississippi Supreme Court · 1859
3Cited by3 opinions
- Rogers v. Clark Iron Co.Supreme Court of Minnesota · 1908
- T. H. & J. M. Allen & Co. v. LenoirMississippi Supreme Court · 1876
- Smith v. TimNew York Court of Common Pleas · 1884