Hall Approved Free Access to American Case Law
Mississippi Supreme Court, 1913

E. W. Gates Lumber Co. v. Britton

E. W. Gates Lumber Co. v. Britton
Mississippi Supreme Court · Decided March 15, 1913 · Smith
105 Miss. 592; 62 So. 648

Counsel

Granade & Granade, for appellant., M. L. Heidelberg and W. M. McAlister, for appellee., Whitfield, McNeil & Whitfield, for appellee.

E. W. Gates Lumber Co. v. Britton

Opinion of the Court

Smith, C. J.,

delivered the opinion of the court.

There is no material difference between the deed by which the timber here in controversy was sold and that by which the timber in controversy in Butterfield Lumber Co. v. Guy, 92 Miss. 361, 46 South. 78, 15 L. R. A. (N. S.) 1123, 131 Am. St. Rep. 540, was sold; and consequently the peremptory instruction requested by appellants should have been given.

The judgment of the court below is reversed and judgment here for appellant; costs here and in the court below to be paid by appellee.

Reversed. Judgment for appellant.

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