Jackson Naval Stores Co. v. Tootle
Mississippi Supreme Court
Neom: the circuit court of Jackson county. How. William H. Hardy, Judge. The Naval Stores Company, appellant, was plaintiff in the court below; Tootle, appellee, was defendant there.
Read the full summary
Neom: the circuit court of Jackson county. How. William H. Hardy, Judge. The Naval Stores Company, appellant, was plaintiff in the court below; Tootle, appellee, was defendant there. The suit was for damages for the breach of warranty in a deed made by defendant to plaintiff, purporting to convey in fee the timber* and timber like trees standing and growing upon a sixteenth section, public school lands, of which the defendant was the lessee, and by its terms the plaintiff grantee, was to cut and remove the timber before the expiration of the lease and in fifteen years from the date of the…
1Opinion of the Court
Maxes, T.,
delivered the opinion of the court.
The timber sold by Tootle was timber located on sixteenth section land, and under the eases of Warren County v. Gans, 80 Miss. 76, 31 South. 539, and Moss Point Lumber Co. v,. Harrison County, 89 Miss. 448, 42 South. 290, 873, this court has held that it was unlawful for any lessee of sixteenth section ■land to sell the timber standing thereon for any commercial purpose. Under these decisions the sale of this timber by Tootle was a nullity, and there was a- breach of the warranty made by him at the very instant it was made.
Under the facts shown in…
2Cases cited4 opinions
- Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906
- Warren County v. GansMississippi Supreme Court · 1902
- Green v. IrvingMississippi Supreme Court · 1877
- Pevey v. JonesMississippi Supreme Court · 1893
3Cited by2 opinions
- Southern Plantations Co. v. Kennedy Heading Co.Mississippi Supreme Court · 1913
- Mississippi Sawmill Co. v. DouglasMississippi Supreme Court · 1914