Evans v. Miller
Mississippi Supreme Court
Error to the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. The case is sufficiently stated in the opinion of the court. 1. Evans never consented to the cutting of his trees, in the sense of granting a license therefor ; but, on the contrary, the evidence shows that he did not intend that his trees should be taken.
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Error to the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. The case is sufficiently stated in the opinion of the court. 1. Evans never consented to the cutting of his trees, in the sense of granting a license therefor ; but, on the contrary, the evidence shows that he did not intend that his trees should be taken. And it cannot be said that his mistake as totheboundary line of his land gave a license to Miller to cut the trees, and transferred to him Evans’ property therein. I admit that the damages must be restricted to the actual value of the property taken ; but I deny…
1Opinion of the CourtChalmers, C. J.
| John A. Miller, now deceased, by mistake out trees upon f Evans’ land, and used them in erecting houses and fences on his own land. Evans pointed out to the emploj’-ees of Miller the supposed boundary line which separated the land of the one from that of the other. A subsequent survey having disclosed the true line, this action of assumpsit was brought by Evans against M. Georgie Miller, administratrix of John A. Miller’s estate, to recover the value of the trees cut. The court below instructed the jury substantially that no recovery could be had, because-of Evans having consented to the…
2Cases cited1 opinion
- Mhoon v. GreenfieldMississippi Supreme Court · 1876
3Cited by14 opinions
- Tuttle v. CampbellMichigan Supreme Court · 1889
- Wilson v. ShraderWest Virginia Supreme Court · 1913
- Alliance Trust Co. v. Nettleton Hardwood Co.Mississippi Supreme Court · 1896
- Illinois Central Railroad v. LeBlancMississippi Supreme Court · 1897
- Starr Cash Car Co. v. ReinhardtNew York Court of Common Pleas · 1892
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