Southern Plantations Co. v. Kennedy Heading Co.
Mississippi Supreme Court
Appeal from the chancery court of Yazoo county. Hon. Or. Or. Lyell, Chancellor. Suit by the Kennedy Heading* Company against the Southern Plantations Company. Prom a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
Read the full summary
Appeal from the chancery court of Yazoo county. Hon. Or. Or. Lyell, Chancellor. Suit by the Kennedy Heading* Company against the Southern Plantations Company. Prom a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Our associate, Judge Harper, having covered the question of whether or not the general warranty in the deed covered the land in question in the sixteenth section, or whether or not the warranty was restricted to other lands than the sixteenth section, we will have very little to say on that subject. We wish to say, however, that the…
1Opinion of the CourtSmith, C. J.
This suit was instituted by appellee to recover of appellant damages by reason of a breach of warranty. In December, 1906, appellant sold to appellee a large body of merchantable timber, a part of which was situated on a sixteenth section. That portion of the deed executed by appellant material to this controversy is as follows: “Do hereby convey and sell and warrant to the Kennedy Heading Company, a corporation duly chartered and existing under the laws of the state of Arkansas, having its main office at Memphis, Tennessee, engaged in the business of purchasing timber and manufacture of…
2Cases cited2 opinions
- Hines v. Imperial Naval Store Co.Mississippi Supreme Court · 1911
- Jackson Naval Stores Co. v. TootleMississippi Supreme Court · 1910
3Cited by6 opinions
- Aetna Ins. v. RobertsonMississippi Supreme Court · 1922
- Cruse v. KiddSupreme Court of Alabama · 1915
- Dodwell v. ReevesMississippi Supreme Court · 1917
- Mississippi Sawmill Co. v. DouglasMississippi Supreme Court · 1914
- Aetna Ins. v. RobertsonMississippi Supreme Court · 1922
1 more not listed; retrieve them via the Exa API.