Robinson v. Boggan
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Boggan, appellee, was plaintiff in the court below; Eobinson, appellant, was defendant there. Erom a judgment in favor of plaintiff defendant appealed to the supreme court. The suit was an action of unlawful entry and detainer begun May 2, 1906. Boggan owned the east half of the southwest ■quarter of a‘section of land, and Eobinson owned the adjacent west half of the southeast quarter of the same section.
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From the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Boggan, appellee, was plaintiff in the court below; Eobinson, appellant, was defendant there. Erom a judgment in favor of plaintiff defendant appealed to the supreme court. The suit was an action of unlawful entry and detainer begun May 2, 1906. Boggan owned the east half of the southwest ■quarter of a‘section of land, and Eobinson owned the adjacent west half of the southeast quarter of the same section. Boggan and Eobinson each held their respective title by mesne conveyances from the same common source, Boggan’s…
1Opinion of the CourtMates, J.
We do not think, under the facts in this case, appellee has •shown that the remedy by unlawful entry and detainer is an available one to him. Before this remedy can be invoked, it must be shown that the party seeking to invoke it has been deprived of the possession of the land sought to be recovered under it. The testimony leaves it very doubtful whether Bog.gan has ever had possession of this property in any way, and ■certain it is that appellee has never had such possession, within the meaning of Code 1906, § 5039, as would entitle him to maintain this suit. The deprivation or withholding…
2Cited by1 opinion
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