Bentley v. Callaghan's
Mississippi Supreme Court
Feom the circuit court of Noxubee county. Hon. Guión Q. Hall, Judge. Callaghan, whose executor is the appellee, was the plaintiff in the court below. Bentley and others, appellants, were defendants there. Callaghan and two other persons formerly owned the land jointly, and Callaghan had possession. He and one of his cotenants mortgaged their interest in the land.
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Feom the circuit court of Noxubee county. Hon. Guión Q. Hall, Judge. Callaghan, whose executor is the appellee, was the plaintiff in the court below. Bentley and others, appellants, were defendants there. Callaghan and two other persons formerly owned the land jointly, and Callaghan had possession. He and one of his cotenants mortgaged their interest in the land. The mortgage was foreclosed, and the title conveyed thereby passed to the third tenant, who sold the entire interest to defendants, Callaghan yielding them possession. Afterwards Callaghan instituted this suit, an action of…
1Opinion of the CourtCalhooN, J.
Callaghan, Thomas and Beauchamp owned the land as tenants in common, and Callaghan was in possession as such tenant in common. His possession could not become adversary to them, or those claiming under them, without notice that his claim was antagonistic. There must be shown such an intent to oust them as would justify them in bringing ejectment against him. Alsobrook v. Eggleston, 69 Miss., 833 (13 So., 850); Hignite v. Hignite, 65 Miss., 447 (4 So., 345; 7 Am. St. Rep., 637); Day v. Davis, 64 Miss., 253 (8 So., 203); *305Jonas v. Flaninken, 69 Miss., 577 (11 So., 319). This principle is…
2Cases cited4 opinions
- Day v. DavisMississippi Supreme Court · 1886
- Jonas v. FlannikenMississippi Supreme Court · 1891
- Alsobrook v. EgglestonMississippi Supreme Court · 1892
- Hignite v. HigniteMississippi Supreme Court · 1888
3Cited by5 opinions
- Peeples v. BotkinMississippi Supreme Court · 1923
- Hurst v. J. M. Griffin & Sons, Inc.Mississippi Supreme Court · 1950
- Bonds v. BondsMississippi Supreme Court · 1956
- Elmer v. HolmesMississippi Supreme Court · 1940
- Hurst v. J. M. Griffin & Sons, Inc.Mississippi Supreme Court · 1950