Alliance Trust Co. v. Nettleton Hardwood Co.

Citations

• 74 Miss. 584

Syllabus

<p>1. Notice. ' Beam'd of deed. Pwrehaser of timber.</p> <p>A person who buys standing timber, even if the seller be in possession, is bound to take notice of a deed from the seller then recorded, conveying the land to another without reservation of the timber.</p> <p>3. Same. Lis pendens.</p> <p>The pendency of a suit concerning lands is notice to the purchaser of the timber thereon, from a party to the suit, of the rights of complainant; and such notice, before the code of 1893 became operative, was effected by the mere pendency of the suit.</p> <p>3. Disseizee. Be-entry. Bight to sue. Stranger.</p> <p>.The true owner of land, who has been dispossessed, may, after reentry, maintain trover or trespass de bonis asportatis, for trees cut from his land while he was out of possession, and he may so sue the disseizor, his vendees, or strangers.</p> <p>4. Pleading. Hilary rules. Not guilty.</p> <p>Hilary rules of pleading are not in force in this state, and a plea of not guilty in trespass'does not admit possession; and it does not, in trespass de bonis asportatis or trover, admit plaintiff’s title.</p>