Nixon v. Porter
Mississippi Supreme Court
ERROR to the Circuit Court of Hancock county. Hon. William M. Hancock, judge. This was an action of ejectment, instituted under the Pleading Act of 1850, by the heirs of John Porter against Samuel White and Rebecca Nixon, to recover possession of a tract of land situated in the Bay of St. Louis in said county, together with the rents and mesne profits.
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ERROR to the Circuit Court of Hancock county. Hon. William M. Hancock, judge. This was an action of ejectment, instituted under the Pleading Act of 1850, by the heirs of John Porter against Samuel White and Rebecca Nixon, to recover possession of a tract of land situated in the Bay of St. Louis in said county, together with the rents and mesne profits. The defendants pleaded a general denial, and gave notice that Mrs. Nixon would claim the value of the improvements made by her. There was a trial at the June term, 1857, which resulted in a verdict and judgment for the plaintiff. The defendants…
1Opinion of the CourtHandy, J.
This record presents three questions for consideration :
1st. Whether the evidence is sufficient, to identify the land sought to he recovered, with that embraced in the deed of Charles Nicaise to John Porter, upon which the plaintiffs’ title depends.
2d. Whether it was competent, under the state of facts shown by the evidence, for the defendants to set up an outstanding title *411to the premises, in Martial and Joseph Nicaise, to defeat the recovery of the plaintiffs.
3d. Whether the verdict as to the amount given for mesne profits is not excessive and erroneous.
1. The title of the plaintiffs is…
2Cited by7 opinions
- McCloy & Trotter v. ArnettSupreme Court of Arkansas · 1886
- Hentig v. ReddenCourt of Appeals of Kansas · 1895
- Johnson v. FutchMississippi Supreme Court · 1879
- Merriam v. GossMassachusetts Supreme Judicial Court · 1885
- Tush-ho-Yo-Tubby v. BarrMississippi Supreme Court · 1866
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