Warren County v. Gans
Mississippi Supreme Court
From the circuit court of Warren county. Hon. Oliver W. Catchinqs, Special Judge. Warren county, appellant, was the plaintiff in the court below ; Gans and others, appellees, were defendants there. From a judgment in favor of the defendants the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. First.
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From the circuit court of Warren county. Hon. Oliver W. Catchinqs, Special Judge. Warren county, appellant, was the plaintiff in the court below ; Gans and others, appellees, were defendants there. From a judgment in favor of the defendants the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. First. Appellant contends that the lessees had no right or authority, under their respective leases, to sell timber from the lands, and therefore the pretended sales to appellees were void, and gave no title to the logs. Second. That if mistaken in the first…
1Opinion of the CourtTerral, J.
This is an action of replevin by Warren county to recover of the appellees 200 poplar logs, of the value of $4 each, and of the aggregate value of $800. This timber was cut from section 16 of township 15, range 3 E., of said county, leased (under legislative authority) in January, 1834, for ninety-nine years. The lessees or their assignees sold the timber while standing to appellees, the defendants below, who cut and felled the same. The two places (the Williams and Barstow places) from which the timber in controversy was cut were used as farms; and while, upon the evidence in the record, it…
2Cases cited1 opinion
- Mooers v. WaitNew York Supreme Court · 1829
3Cited by24 opinions
- Pace v. State Ex Rel. RiceMississippi Supreme Court · 1941
- Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
- Estate of Baumgardner v. ReadyMississippi Supreme Court · 2012
- Jefferson Davis County v. Simrall Lumber Co.Mississippi Supreme Court · 1909
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