Early & Co. v. Long
Mississippi Supreme Court
From the circuit court of Union county. Hon. James B. Boothe, Judge. Early & Company, a corporation, and others, appellants, were plaintiffs in the court below; Long, the appellee, was defendant there. From a judgment in favor of defendant for a part of the land, the plaintiff appealed to the supreme court.
Read the full summary
From the circuit court of Union county. Hon. James B. Boothe, Judge. Early & Company, a corporation, and others, appellants, were plaintiffs in the court below; Long, the appellee, was defendant there. From a judgment in favor of defendant for a part of the land, the plaintiff appealed to the supreme court. Appellants sued in ejectment to recover -land described in the declaration as “Thirty-one and onedourth acres1 off the east end of the south half of the northwest quarter, and fifteen acres on the west end of the south half of the northeast quarter” of a certain section. More than thirty…
1Opinion of the CourtWhitfield, C. J.
The court below should not have permitted any evidence to be introduced by the defendant, for the reason that no bill of particulars was furnished by the defendant, after demand made upon 'him in strict compliance with the statute. Code 1892, '§ 1652. See Goforth v. Stingly, 79 Miss., 398 (30 South. Rep., 690).
The action of the learned judge is correct, so far as his construction of the deeds in the case is concerned. He rightly charged the jury to find for the plaintiff as to the thirty-one and one-quarter acres, and he correctly held that the description of the fifteen acres in the…
2Cases cited1 opinion
- Goforth v. StingleyMississippi Supreme Court · 1901
3Cited by7 opinions
- Beasley v. BeasleyMississippi Supreme Court · 1937
- Herod v. RobinsonMississippi Supreme Court · 1927
- Gilchrist-Fordney Co. v. ThigpenMississippi Supreme Court · 1917
- Wilson v. ClarkMississippi Supreme Court · 1973
- Day v. PoundersMississippi Supreme Court · 1957
2 more not listed; retrieve them via the Exa API.