Hon. J. B. Chbisman, Judge. This action was brought by B. R. Inman, L. A. Inman, and Emily J. King against Mrs. F. J. Morris, before a justice of the peace, upon a demand of one hundred and twenty dollars for the use and occupation of a certain tract of land for the year 1884. The justice of the peace found for the plaintiffs, and the defendant appealed to the circuit court.
Cited by 1 later decisions — most recently November 1930
¶2It is manifest by the evidence that the possession of the defendant was adverse to the plaintiffs, and under such circumstances an action for use and occupation does not lie. Newberg & Anderson v. Cowan, 62 Miss. 570; 4 Waite’s Actions & Defenses 270.