Gwin v. Williams
Mississippi Supreme Court
On appeal from the circuit court of WarrerN W. Tompkins, judge. This was an action of ejectment brought in the circuit court of Warren county by the appellee for certain land. Notice was issued in the usual form, but was never served, and at the April Term, 1847, Alexander Gwin was admitted defendant in the room of the. casual ejector, and by his attorney pleaded the general issue, confessing lease, entry, and ouster.
Read the full summary
On appeal from the circuit court of WarrerN W. Tompkins, judge. This was an action of ejectment brought in the circuit court of Warren county by the appellee for certain land. Notice was issued in the usual form, but was never served, and at the April Term, 1847, Alexander Gwin was admitted defendant in the room of the. casual ejector, and by his attorney pleaded the general issue, confessing lease, entry, and ouster. The plaintiff in the court below asked the following instructions to the jury, which were given. 1. If the jury believe from the evidence that the land in controversy was…
1Opinion of the CourtJustice Handy
This case is brought here upon writ of error to a judgment in ejectment against the plaintiff in error, ifffavor of the defendant in error.
The first objection made to the judgment is, that it does not appear that the defendant below was the tenant in possession. We think it a sufficient answer to this objection that he appeared and pleaded to the action; and inasmuch as proof of his possession was essential to the maintenance of the action, it will be presumed, in the absence of evidence to the contrary, to have been made.
But it is insisted that there was no appearance or plea by the…
2Cited by7 opinions
- Teopfer v. KaeuferNew Mexico Supreme Court · 1904
- Barker v. ShepardMississippi Supreme Court · 1868
- Dixie Electric Power Ass'n v. HoseyMississippi Supreme Court · 1968
- Hughes v. Wilkinson's LesseeMississippi Supreme Court · 1859
- Spears v. CheathamMississippi Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.