Peterson v. Polk
Mississippi Supreme Court
From the circuit court of Warren county. Hon. Ralph North, Judge. Appellant, Peterson, who had been engaged for several years in getting out staves along Big Black river in Warren and adjoining counties and shipping them to New Orleans, purchased timber on the Elmore place adjoining the plantation of Mrs. Polk, the appellee, in said county.
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From the circuit court of Warren county. Hon. Ralph North, Judge. Appellant, Peterson, who had been engaged for several years in getting out staves along Big Black river in Warren and adjoining counties and shipping them to New Orleans, purchased timber on the Elmore place adjoining the plantation of Mrs. Polk, the appellee, in said county. He applied several times to W. L. Polk, the husband of appellee, who managed her plantation, to buy certain white oak trees growing on the place suitable for making staves, and was refused. As the timbered land on the two places was adjoining, he asked…
1Opinion of the CourtCooper, J.
If by the second and third instructions asked by the defendant, and refused by the court, it was intended to affirm that the particular staves seized by the sheriff must be shown to have been made from the timber cut on plaintiff’s land, the action of the court in refusing to grant them was proper. The defendant had mingled the staves claimed by plaintiff with others of like character, and it was impossible to separate them. He cannot impose upon the plaintiff the obligation to identify her own under such circumstances.
If, on the other hand, the purpose of these instructions was to inform the…
2Cases cited1 opinion
- Heard v. JamesMississippi Supreme Court · 1873
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