Fultz v. Peterson
Mississippi Supreme Court
From the chancery court of Warren county. Hon. William C. Martin, Chancellor. Sophia Peterson and others, appellees, were the complainants in the court below; Fultz and Purnell, appellants, were defendants there. The controversy grew out of this state of facts: A Mrs. Thompson and another formerly owned the land in controversy, it being situate on an island in the Mississippi river, known as Belk’s island.
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From the chancery court of Warren county. Hon. William C. Martin, Chancellor. Sophia Peterson and others, appellees, were the complainants in the court below; Fultz and Purnell, appellants, were defendants there. The controversy grew out of this state of facts: A Mrs. Thompson and another formerly owned the land in controversy, it being situate on an island in the Mississippi river, known as Belk’s island. They leased the same for a term of years to one A. Peterson, the ancestor of complainants. Peterson, the tenant, being in possession of the land, about the time of the expiration of his…
1Opinion of the CourtCalhoon, J.
The conclusion of the chancellor on the facts should not be disturbed in the main case, or on the report of the commissioner. We think the report of that officer shows nothing of which appellants can complain, but that they may congratulate themselves on the result. Code 1892, § 4230, cannot avail appellants. Klein v. McNamara, 54 Miss., 90; Runnels v. Jackson, 1 How. (Miss.), 358. Nor can code 1892, §4233, *132avail them, because in this case Peterson never parted with the possession of the land. While he was not personally in possession, he was by his tenant, who was known to be such by all…
2Cases cited2 opinions
- Klein v. McNamaraMississippi Supreme Court · 1876
- Heirmann v. StricklinMississippi Supreme Court · 1882
3Cited by4 opinions
- Lewis v. WilliamsCourt of Appeals of Kentucky · 1921
- Tanous v. WhiteMississippi Supreme Court · 1939
- Allison v. BurnhamMississippi Supreme Court · 1924
- Williams v. ButtsMississippi Supreme Court · 1920