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69 Miss. 879

Young v. Barr

Mississippi Supreme Court

Decided April 15, 1892

Mississippi Supreme Court · decided 1892-04-15

From the circuit court of Hancock county. Hon. S. H. Terral, Judge. This is an action of unlawful detainer by Eppie E. Barr against Rosa Young, to recover a strip of land ten feet wide and three hundred and fifty feet in depth, lying along a disputed boundary between their respective lots. Plaintiff' acquired her lot by purchase from Mrs. L. C. Shropshire.

Decided 1892-04-15

Cooper, J.,

¶1delivered the opinion of the court.

¶2There can be no question that Mrs. Shropshire intended to convey to the appellee, and did convey if she herself had title, a lot of land two hundred and six feet wide, nor that the land in controversy is a part of this lot. Mrs. Barr is, therefore, the “assign” of Mrs. Shropshire, whose possession was unlawfully invaded, and may maintain the present action *882just as Mrs. Shropshire might have done if she had continued owner.

¶3The facts in reference to the entry by Mrs. Young are undisputed, and disclose that invasion of the right of the occupant which, as wai stated in Parker v. Eason, 68 Miss., 208, the action of unlawful entry and detainer was given to remedy.

¶4The judgment is affirmed.

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