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110 Miss. 361

Walton v. Wall

Mississippi Supreme Court

Decided October 15, 1915

Mississippi Supreme Court · decided 1915-10-15

Hon. N. A. Taylor, Judge. Action of unlawful entry and detainer by J. H. Walton and others against E. C. Wall. From a judgment for ■ defendant, plaintiffs appeal. The facts are fully stated in the opinion of the court.. In the case of Parker v. Eason, 68 Miss. 290, Eason was in possession by his tenant, when Parker moved on the land and notified Eason’s tenant to leave. Eason himself did not personally occupy the land.

Cited by 1 later decisions — most recently May 1938

1 state decisions

Relies on Hammel v. Atkinson

Good law ✅— No negative treatment on recordhow we know

Decided 1915-10-15

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Cook, J.,

¶1delivered the opinion of the court.

¶2This is an action of unlawful entry' and detainer instituted by the appellants against appellee, and resulted in a verdict and judgment against appellants by the peremptory direction of the court.

¶3*364The record indisputably shows that the appellants, plaintiffs below, were not entitled to the relief sought, because it appears that they had rented the land in question to one Bob Cleveland, and that their tenant was in possession of the land at the time this suit was begun. In that regard the facts here are identical with the facts in Hammel v. Atkinson, 82 Miss. 465, 34 So. 225. It follows, therefore, that appellants were not entitled to-the possession of this land.

¶4"We put to one side all other questions presented by the record, and merely decide that the judgment below will be affirmed, as this case is ruled by the case cjted.

¶5Affirmed.

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