Dantzler Lumber Co. v. State
Mississippi Supreme Court
From the chancery court of Harrison county. Hon. Thaddbus1 A. Wood, Chancellor. The state, appellee, was complainant in the court below; the Dantzler Lumber Company, a corporation, appellant, was defendant there. From a decree in favor of complainant the defendant appealed to the supreme court. The opinion of the court, by Smith, J., states the facts.
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From the chancery court of Harrison county. Hon. Thaddbus1 A. Wood, Chancellor. The state, appellee, was complainant in the court below; the Dantzler Lumber Company, a corporation, appellant, was defendant there. From a decree in favor of complainant the defendant appealed to the supreme court. The opinion of the court, by Smith, J., states the facts. The first state legislature enactment authorizing the sale by boards of supervisors of the standing timber on sixteenth sections appears in chapter 11 of the Laws of 1898, amended in 1901 and later incorporated in condensed form in Code 1906, §…
1Dissent
Anderson, J".,
delivered the following dissenting opinion.
The clause of section 211 of the Constitution providing that the sixteenth section lands shall not be sold is not open to construction. Its meaning is plain and unambiguous. The term “land” has long had a well-settled definition in law. There can be no misunderstanding of its meaning under the decisions of this court, beginning back before the adoption of section 211, which hold as follows: In Harrell v. Miller, 35 Miss 700, 72 Am. Dec. 154, that the term “land” embraced, not only the soil, but its natural produce growing upon and…
2Cases cited9 opinions
- State ex rel. Greaves v. HenryMississippi Supreme Court · 1905
- Daily v. SwopeMississippi Supreme Court · 1872
- Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906
- Hawkins v. Board of SupervisorsMississippi Supreme Court · 1874
- Butterfield Lumber Co. v. GuyMississippi Supreme Court · 1908
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