Avera v. Williams

Citations

• 81 Miss. 714

Syllabus

<p>1. Trespass to Property. Punitive damages. Claim of ownership by defendant.</p> <p>A defendant is liable in trespass for punitive damages when, having no interest in a building in the possession of and belonging to the plaintiff, he tore the same down in plaintiff’s absence and without consulting him, although defendant claimed an undivided interest in the house.</p> <p>2. Homestead. Husband’s deed. Color of title. Code 1892, g 1983.</p> <p>A deed from a husband to his homestead, although void jCode 1892, 31983) for want of the wife’s joinder therein, is good against third parties as color of title to sustain a claim by adverse possession.</p> <p>3. Pleading. Nonjoinder of a plaintiff. Code 1892, $ 664.</p> <p>The nonjoinder of a proper plaintiff in a suit at law cannot be availed of by the defendant, under Code 1892, \\ 664, in the absence of a written notice of the objection filed with his plea.</p>