Brocks-Scanlon Co. v. Childs
Mississippi Supreme Court
Appeal from the circuit court of Marion county. IIoN. A. E. Weathebsby, Judge. Trespass by E. H. Childs against the Brooks Scanlon Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. (1) The written color, if there he any written color at all in this case, is for six hundred and forty acres, and appellee himself introduces it, stands, on it, insists upon it and his privity thereto. This is evidence.
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Appeal from the circuit court of Marion county. IIoN. A. E. Weathebsby, Judge. Trespass by E. H. Childs against the Brooks Scanlon Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. (1) The written color, if there he any written color at all in this case, is for six hundred and forty acres, and appellee himself introduces it, stands, on it, insists upon it and his privity thereto. This is evidence. (2) The claim is therefore presumed to he co-extensive with the color brought forward and to the whole of it, and if the claim is to…
1Opinion of the CourtSykes, J.
The appellee, E. H. Childs, filed suit in the circuit court of Marion county against the appellant, Brooks-Scanlón Lumber Company, in an action,of trespass. The declaration alleged that the plaintiff was in possession and was the owner of certain lands therein described, and that the defendant without the consent and over the protest of plaintiff burned one hundred and twenty-four panels of plaintiff’s fense of the value of twenty-five cent per panel, and boxed for turpentine purposes the trees on about one hundred acres of plaintiff’s land. The defendant pleaded the general issue, and gave…
2Cases cited3 opinions
- Davis v. BowmarMississippi Supreme Court · 1878
- Niles v. DavisMississippi Supreme Court · 1883
- Davis v. DavisMississippi Supreme Court · 1891
3Cited by4 opinions
- Fitschen Bros. Commercial Co. v. Noyes' EstateMontana Supreme Court · 1926
- Page v. O'NealMississippi Supreme Court · 1949
- Chatman v. CarterMississippi Supreme Court · 1950
- Shipman v. LovelaceMississippi Supreme Court · 1952