Tate v. Tate

This is a proceeding in unlawful entry and detainer brought by the appellee Richard Tate against his brother, the appellant Isham (Bobe) Tate, to obtain possession of a house and lot in the City of Macon.

Section 1033, Code 1942, authorizes the bringing of such a suit by anyone deprived of the possession of his land ‘ ‘ at any time within one year after such deprivation or withholding of possession” from him. The proceeding is a summary remedy, and may be brought by an owner whose possession is merely constructive. Wilson v. Pugh, 32 Miss. 196.

The question for decision on this appeal is…