Newberg & Anderson v. Cowan
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Ralph North, Judge. This action was brought by Warren Cowan against Newberg & Anderson before a justice of the peace, upon a demand of one hundred and fifty dollars for the use and occupation of a landing on Big Black River and the use of a private road leading thereto through the lands of the plaintiff.
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Appeal from the Circuit Court of Warren County. Hon. Ralph North, Judge. This action was brought by Warren Cowan against Newberg & Anderson before a justice of the peace, upon a demand of one hundred and fifty dollars for the use and occupation of a landing on Big Black River and the use of a private road leading thereto through the lands of the plaintiff. The justice of the peace rendered a judgment for the plaintiff, and the defendants appealed to the circuit court, where, by consent of the parties, the case was tried by the judge. The proof showed that there was no contract, expressed or…
1Opinion of the CourtCooper, J.
The rule that an action for use and occupation may be maintained on a contract expressed or implied, not under seal, has been held not to apply unless the occupancy was with the consent of the ownei’, upon the ground that such assent was necessary to the creation of an implied contract of tenancy. The object of § 1323 of the Code of 1880 is to give the right ip all cases where possession is held in recognition of and not adversely to the title of the owner, and it is not necessary that there should be an implied contract arising from the consent of the owner and the expectation of the…
2Cited by4 opinions
- Louisana & Mississippi R. Transfer Co. v. LongMississippi Supreme Court · 1930
- Inman v. MorrisMississippi Supreme Court · 1885
- Feltenstein v. NewellMississippi Supreme Court · 1964
- Sledge v. PottsMississippi Supreme Court · 1947