Emrich v. Ireland
Mississippi Supreme Court
Error to tbe Circuit Court of Marshall County. Hon. R. S. Stiti-i, Special Judge, by agreement of parties, Hon. J. W. C. Watson having been of counsel for the plaintiff below. Sometime prior to the war, Michael Ireland became the owner of a lot in the town of Chulahoma.
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Error to tbe Circuit Court of Marshall County. Hon. R. S. Stiti-i, Special Judge, by agreement of parties, Hon. J. W. C. Watson having been of counsel for the plaintiff below. Sometime prior to the war, Michael Ireland became the owner of a lot in the town of Chulahoma. In 1864 he left the country, and did not return until the latter part of 1875, or January, 1876. During his absence one D. M. Davis assumed, without authority, to act as Ireland’s agent in renting out the lot, paying taxes, etc. About the year 1874 D. M. Davis purchased the lot at a tax 'sale, and, as he thought, got the…
1Opinion of the CourtSimrall, C. J.
In the case of Davis v. Doe ex dem. Delpit, 25 Miss. 446, in an opinion delivered on a second argument, the court, after a careful study of the authorities, declared “ that ever since the action of ejectment was adopted as a mode of trying title-to real estate, it has been well settled as a rule of the common law that the jury, in the assessment of damages, are confined to a compensation for the injury sustained bjr the ejectment; which being fictitious, the damage can only be nominal.” Originally, the action was a remedy for a tenant who had been ejected, and he recovered his term and…
2Cases cited5 opinions
- Walker v. ShermanNew York Supreme Court · 1839
- Cole v. JohnsonMississippi Supreme Court · 1876
- Mitchell v. BillingsleySupreme Court of Alabama · 1850
- Huebschmann v. McHenryWisconsin Supreme Court · 1872
- Seymour v. StateWisconsin Supreme Court · 1865
3Cited by6 opinions
- Alliance Trust Co. v. Nettleton Hardwood Co.Mississippi Supreme Court · 1896
- Brunt v. McLaurinMississippi Supreme Court · 1937
- Hicks v. BlakemanMississippi Supreme Court · 1896
- Rodman v. DavisSupreme Court of Oklahoma · 1912
- Bagley v. Rose Hill Sugar Co.Supreme Court of Louisiana · 1903
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