Learned v. Holmes
Mississippi Supreme Court
Appeal from the chancery court of Jefferson county. Hon. J. M. Ellis, chancellor. On the 2d day of February, 1871, Rufus x`, surviving partner of the firm of A. Brown & Oo., filed his bill against Anna. M. Holmes and her husband, William Holmes, and before answer, filed by leave of the court, a supplemental bill.
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Appeal from the chancery court of Jefferson county. Hon. J. M. Ellis, chancellor. On the 2d day of February, 1871, Rufus x`, surviving partner of the firm of A. Brown & Oo., filed his bill against Anna. M. Holmes and her husband, William Holmes, and before answer, filed by leave of the court, a supplemental bill. The original bill alleges, that appellees were tbe pretended owners in fee, of certain lands containing a cypress brake of much valuable timber, that appellant purchased all the timber in said brake, with the right to enter and cut the same for the term of twenty years, appellees…
1Opinion of the CourtTarbell, J.
The firm of A. Brown & Co., of-which Learned is surviving .partner, purchased of Mrs. Anna Holmes, the cypress timber on a certain tract of land known as the “ cypress brake,” a description of which is fully set out in the pleadings, - For this purchase the sum of ip 10,000.00 was agreed to be paid, one-third in cash, and the balance in two equal notes. Brown & Co. took possession of this swamp or brake, under their contract, and commenced cutting timber; soon after they were prosecuted by Hunt & Buckner, who claimed that Brown & Co. had cut timber upon their land, outside the lines of Mrs.…
2Cases cited1 opinion
- Scott v. BillgerryMississippi Supreme Court · 1866