Wolfe v. Angevine
Mississippi Supreme Court
Ekrok to the Circuit Court of Grenada County. Hon. Sam Powel, Judge. After the mother of the defendants in error died seised of the lot in controversy, her husband, their father, leased it to the plaintiff in error, and after the death of their father, before the expiration of the term, the defendants in error brought this unlawful detainer proceeding in 1879 to oust the tenant. In the Circuit Court, on appeal, they obtained a judgment for possession.
Read the full summary
Ekrok to the Circuit Court of Grenada County. Hon. Sam Powel, Judge. After the mother of the defendants in error died seised of the lot in controversy, her husband, their father, leased it to the plaintiff in error, and after the death of their father, before the expiration of the term, the defendants in error brought this unlawful detainer proceeding in 1879 to oust the tenant. In the Circuit Court, on appeal, they obtained a judgment for possession. The remedy of unlawful detainer, under the act of 1878, is inapplicable to this case. There was no privity between the plaintiffs and…
1Opinion of the CourtCampbell, J.
Unlawful detainer did not lie in the state of case disclosed by the record. There was no privity between the owners of the reversion and the lessee of the tenant by the curtesy. They acquired their inheritance by descent from their mother, and nothing, as to it, from their father. His death caused an accrual of their right to immediate enjoyment of their inheritance, which had been interrupted by his life-estate as tenant by the curtesy, but all their rights were derived by descent from their mother. It is true that it was announced in Day v. Cochran, 24 Miss. 261, and Griffin v. Sheffield,…
2Cases cited3 opinions
- Griffin v. SheffieldMississippi Supreme Court · 1860
- Day v. CochranCourt of Appeals of Mississippi · 1852
- Cummings v. KilpatrickMississippi Supreme Court · 1851
3Cited by1 opinion
- Glenn v. CaldwellMississippi Supreme Court · 1896