Morgan v. Hazlehurst Lodge
Mississippi Supreme Court
Error to the Circuit Court of Copiah County. Hon. Uriah Millsaps, Judge. This was an action of ejectment, brought in 1873, by the widow and heirs of Thomas S. Morgan, against the officers and members of Hazlehurst Lodge, and others, to recover a lot in the town of Hazlehurst. The landlord, Mrs. M. Faler, having come in, and been made a party defendant with the tenants sued, a plea of the general issue was interposed.
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Error to the Circuit Court of Copiah County. Hon. Uriah Millsaps, Judge. This was an action of ejectment, brought in 1873, by the widow and heirs of Thomas S. Morgan, against the officers and members of Hazlehurst Lodge, and others, to recover a lot in the town of Hazlehurst. The landlord, Mrs. M. Faler, having come in, and been made a party defendant with the tenants sued, a plea of the general issue was interposed. The plaintiffs read in evidence on the trial the record of a proceeding in the Probate Court of Copiah County, showing the petition of W. M. Haley, administrator of Thomas S.…
1Opinion of the CourtSimrall, C. J.
These several questions arise on the record, and have been argued by counsel: —
1. Have the plaintiffs in ejectment shown such title to the premises in question as will maintain their action ?
2. Are the defendants, who claim by purchase at probate sale made by the administrator of Thomas S. Morgan, deceased, precluded to deny the legal title of the intestate, where the plaintiffs claim as his heirs ?
3. Where both parties claim title from a common source, is the defendant estopped from getting in an outstanding title, and setting it up, to fortify his right and protect his possession ?
4. Does…
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