Smith v. Williams-Brooke Co.
Mississippi Supreme Court
Appeal from the circuit court of Newton county. Hon. C. L. Dobbs, Judge. Suit by Williams-Brooke Company against W. H. Smith. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Newton county. Hon. C. L. Dobbs, Judge. Suit by Williams-Brooke Company against W. H. Smith. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. In a suit of this kind, the title to the property is not in issue, but the only question to be considered and decided is the right of possession of the property, so it can be readily seen that one person may hold a good and valid title to property and at the same time he could not recover possession of the property against a person who had no title whatever, under…
1Opinion of the CourtStevens, J.
Williams-Brooke Company, appellee herein, instituted this action of unlawful entry and detainer against appellant in accordance with procedure outlined by chapter 147 of the present Code. From an adverse judgment entered against him by the unlawful entry and detainer court appellant, as the defendant in the proceedings, appealed to the circuit court, and upon the trial of the cause on its merits in the circuit court a peremptory instruction was granted in favor of appellee, as plaintiff. From the judgment entered in pursuance of said instruction, appellee brings the case to this court for…
2Cases cited8 opinions
- Tuthill v. . MorrisNew York Court of Appeals · 1880
- Tyler v. HerringMississippi Supreme Court · 1889
- Frank v. PickensSupreme Court of Alabama · 1881
- Matthews v. LindsaySupreme Court of Florida · 1884
- Crain v. McGoonIllinois Supreme Court · 1877
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3Cited by4 opinions
- Middleton v. Georgetown Mercantile Co.Mississippi Supreme Court · 1918
- Rankin Properties, Ltd. v. Woodhollow EstatesDistrict Court, S.D. Mississippi · 1989
- Huff v. MurrayMississippi Supreme Court · 1935
- Clarksdale Municipal School District v. State of MississippiMississippi Supreme Court · 2017