Lewis v. Myer
Mississippi Supreme Court
Appeal from the circuit court of Smith county. Hon. W. H. Hughes, Judge. Suit by Joseph Myer against J. S. Lewis. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. There is involved in this case, the question of whether or not the lessee of sixteenth section land has such title vested in him as gives him the right to sue for and recover for timber cut, where there is plenty of timber left for estovers.
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Appeal from the circuit court of Smith county. Hon. W. H. Hughes, Judge. Suit by Joseph Myer against J. S. Lewis. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. There is involved in this case, the question of whether or not the lessee of sixteenth section land has such title vested in him as gives him the right to sue for and recover for timber cut, where there is plenty of timber left for estovers. The special plea in this case alleges that the check sued on was given for a compromise settlement of timber cut by appellant, and…
1Opinion of the CourtCook, P. J.
This case was first instituted in the justice’s court, the same being a suit to recover on a check for sixty-five dollars, executed by I. S. Lewis on March 10, 1916, and payable to W. B. Burns, or order, and indorsed as follows:
“Pay to the order of Joseph Myer without recourse. W. B. Bums.” ,
The' suit was dismissed in the justice’s court, and Joseph Myer appealed to the circuit court, where the following plea in this cause was filed:
“Comes the defendant in the above and foregoing cause, and for plea in this behalf says that the defendant in this cause did" give his certain check as alleged in…
2Cases cited2 opinions
- Baggett v. McCormackMississippi Supreme Court · 1895
- Fermwood Lumber Co. v. RowleyMississippi Supreme Court · 1916
3Cited by1 opinion
- Hood v. FosterMississippi Supreme Court · 1943