Legal Opinion
Tolbert v. Southgate Timber Co.
Court of Appeals of Mississippi
Decided November 21, 2006No. 2005-CA-02293-COAPublishedCited by 12 opinions
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
¶ 1. The estate of a long-deceased owner of land brought suit against timber cutters whose rights to the timber were granted by only two of a large number of heirs who owned the property. The chancellor dismissed, finding that the estate was not a proper party and that adding the true parties in interest would be futile since they would have no cause of action against the timber cutters. We disagree. Therefore we reverse, order the substitution of the heirs, and…
2Cases cited33 opinions
- Conley v. StateMississippi Supreme Court · 2001
- Harrison County v. City of GulfportMississippi Supreme Court · 1990
- Greenlee v. MitchellMississippi Supreme Court · 1992
- Aikerson v. StateMississippi Supreme Court · 1973
- City of Picayune v. Southern Regional Corp.Mississippi Supreme Court · 2005
28 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lisa Learmonth v. Sears, Roebuck & Co.Court of Appeals for the Fifth Circuit · 2013
- Funderburg v. Pontotoc Electric Power Ass'nCourt of Appeals of Mississippi · 2009
- Smiley v. YllanderCourt of Appeals of Mississippi · 2012
- Alfa Insurance Corp. v. HasselleCourt of Appeals of Mississippi · 2011
- Anthony K. Hood and Barbara L. Hood v. A & A Excavating Contractors, Inc., Asbury Lane Village, LLC and ALV Development, LLCCourt of Appeals of Mississippi · 2022
7 more not listed; retrieve them via the Exa API.