Williams v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of Washington county. Hon. A. MoC. Kimbrough, Chancellor. Williams, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. The suit was for damages in the sum of $1,362.90 for cotton burned by the defendant.
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From the circuit court of Washington county. Hon. A. MoC. Kimbrough, Chancellor. Williams, appellant, was plaintiff in the court below; the railroad company, appellee, was defendant there. The suit was for damages in the sum of $1,362.90 for cotton burned by the defendant. After all the evidence had been introduced defendant moved to exclude it, and for a peremptory instruction for defendant, on the ground that it was shown by the plaintiff’s evidence that the cotton was raised on his wife’s farm, and that there was no written transfer of it acknowledged and filed for record, as required by…
1Opinion of the CourtCalhoon, J.
The evidence on the question of the ownership of this cotton and its possession is as follows: “Q. Mr. Williams, you spoke in your examination about the cotton being your cotton. Was it yours or your wife’s? A. Mine. Q. Where was it raised? A. At home. Q. Who owns the place ? A. My wife. Q. And this cotton was raised there ? A. Yes, sir. It was shipped in my name. Q. How came the cotton yours, if the place was hers ? A. I have always shipped it as mine. Q. I know. It had not been shipped yet, and your wife owns the property? A. But not the crop. Q. How do you hold that property ? Is there any…
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