Moss Point Lumber Co. v. Harrison County
Mississippi Supreme Court
From: tbe chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Harrison county, the appellee, was complainant in the court below; the lumber company, the appellant, was defendant there. From a decree overruling a demurrer to the bill of complainant the defendant appealed to the supreme court. The facts are fully stated in the several opinions delivered in the case.
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From: tbe chancery court of Harrison county. Hon. Thaddeus A. Wood, Chancellor. Harrison county, the appellee, was complainant in the court below; the lumber company, the appellant, was defendant there. From a decree overruling a demurrer to the bill of complainant the defendant appealed to the supreme court. The facts are fully stated in the several opinions delivered in the case. The case was twice decided; at first the decree apjiealed from was reversed and remanded and the suit dismissed; upon suggestion of error a rehearing was granted — Justice Truly leaving the bench and being…
1DissentCalhoon, J.
My view is that the majority opinion is in violation of the contract clauses of both state and federal constitutions. The purchaser here bought the lease:(1) In the light of the interpretation by the public understanding and usage of seventy years.(2) In the light of Davany v. Koon, 45 Miss., 71, holding these leases to be sales for the term.(3) In the light of Bond v. Griffin, 74 Miss., 599 (s.c., 22 South., 187), holding, in a lease the same as this, that the lessee owned the timber, and could himself and for himself recover its value from a trespasser.(4) In the light of State v.…
2Cases cited3 opinions
- Bond v. GriffinMississippi Supreme Court · 1897
- Davany v. KoonMississippi Supreme Court · 1871
- State v. FitzgeraldMississippi Supreme Court · 1898