Mississippi Supreme Court, 1900

Fultz v. Peterson

Fultz v. Peterson
Mississippi Supreme Court · Decided October 15, 1900 · Calhoon
78 Miss. 128

Fultz v. Peterson

Opinion of the Court

Calhoon, J.,

delivered the opinion of the court.

The conclusion of the chancellor on the facts should not be disturbed in the main case, or on the report of the commissioner. We think the report of that officer shows nothing of which appellants can complain, but that they may congratulate themselves on the result. Code 1892, § 4230, cannot avail appellants. Klein v. McNamara, 54 Miss., 90; Runnels v. Jackson, 1 How. (Miss.), 358. Nor can code 1892, §4233, *132avail them, because in this case Peterson never parted with the possession of the land. While he was not personally in possession, he was by his tenant, who was known to be such by all parties. Heirmann v. Stricklin, 60 Miss., 234.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.