Legal Opinion

Orrell v. Bay Manufacturing Co.

Mississippi Supreme Court

Decided November 15, 1905PublishedCited by 5 opinions

From the chancery court of Hancock county. Hon. Thaddeus A. Wood, Chancellor. The Bay Manufacturing Company, the appellee, was the complainant in the court below; Orrell and others, the appellants, were defendants there. From a final decree in complainant’s favor the defendants appealed to the supreme court.

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From the chancery court of Hancock county. Hon. Thaddeus A. Wood, Chancellor. The Bay Manufacturing Company, the appellee, was the complainant in the court below; Orrell and others, the appellants, were defendants there. From a final decree in complainant’s favor the defendants appealed to the supreme court. The case was once before in the supreme court, and is reported —Orrell v. Bay Manufacturing Go., 83 Miss., 800. The present appellants sued out a writ of error from the judgment of the state supreme court on the former appeal to the supreme court of the United States, but the same was…

1Opinion of the CourtTruly, J.

It is true that the agreed statement of facts shows that the turpentine lease of the pine timber was entered into before the *636homestead entry of the Iiodes had been perfected. But the lease itself does not show that any of the trees were to be boxed or cut for turpentine purposes, or that the right of way over the lands was to be actually used, until after the homestead entry had been confirmed and perfected. The lease of the trees for turpentine purposes was for three years from the time the boxes were cut, but the lessees were granted fifteen years within which to enter upon the premises by…

2Cases cited2 opinions

  1. Hartman v. Butterfield Lumber Co.Supreme Court of the United States · 1905
  2. Orrell v. Bay Manufacturing Co.Mississippi Supreme Court · 1903

3Cited by5 opinions

  1. Plaza Amusement Co. v. RothenbergMississippi Supreme Court · 1930
  2. Hancock County v. State Highway CommissionMississippi Supreme Court · 1940
  3. Ex parte WebbMississippi Supreme Court · 1909
  4. Ex Parte FairleyMississippi Supreme Court · 1932
  5. Aetna Ins. v. RobertsonMississippi Supreme Court · 1922

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