Wightman v. Doe ex dem. Reynolds
Court of Appeals of Mississippi
In error from the circuit court of Monroe county; Hon. F. M. Rogers, judge. This was an action of ejectment instituted by Reynolds' in the circuit court of the county of Monroe to the April term, 1849, against William H. Walton, the tenant in possession, to recover the following lots and blocks, in the town of Aberdeen, to wit: Nos. 881, 882, 883, 884, 885, 88.6, 887, 888, 889, 890, and block 108. At the appearance term, Mary Wightman, the lessor, was .admitted as defendant,…
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In error from the circuit court of Monroe county; Hon. F. M. Rogers, judge. This was an action of ejectment instituted by Reynolds' in the circuit court of the county of Monroe to the April term, 1849, against William H. Walton, the tenant in possession, to recover the following lots and blocks, in the town of Aberdeen, to wit: Nos. 881, 882, 883, 884, 885, 88.6, 887, 888, 889, 890, and block 108. At the appearance term, Mary Wightman, the lessor, was .admitted as defendant, and plead not guilty. The cause was tried at the October term, 1849, when a verdict and judgment were rendered in favor…
1Opinion of the CourtJustice Fisher
This was an action of ejectment tried at the October term, 1849, of the circuit court of Monroe county, to recover certain lots in the possession of.the plaintiff in error, situate in the town of Aberdeen.
The jury found the issue for the plaintiff, whereupon the court rendered a judgment only for the nominal damages assessed by the jury at one cent, and for costs, in favor of the plaintiff’s lessor. This was no judgment upon the issue tried-by the jury. It should have been, that the plaintiff recover his term yet to come, in and to the lots in controversy. The failure to render the judgment…
2Cited by9 opinions
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Roy & Co. v. Scott, Hartley & Co.Washington Supreme Court · 1895
- Enochs v. MillerMississippi Supreme Court · 1882
- Corey v. WadsworthSupreme Court of Alabama · 1897
- Mobile Land Improvement Co. v. GassSupreme Court of Alabama · 1904
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