Benjamin v. Reach

Citations

• 65 Miss. 347

Syllabus

<p>Unlawful Entry and Detainer. Possession. Ouster. Oase in Judgment.</p> <p>B. owned a tract of land, and in 1876 removed therefrom, leaving her son in possession as her agent. In 1877 the son informed his wife, R., that he would not pa)' the taxes on the land. Thereupon R. borrowed móney and gave it to her husband, who therewith bought the land for R,, when sold for taxes. R. then went upon the land, claiming it by virtue of her t&s>- deed, and, finding there a tenant who had been given possession byjhfer husband as the agent of his mother, directed such tenant to remain in possession as her (R.’s) tenant; to which he assented. In 1885 B. returned, went on the land, occupied the residence, and directed the tenant who was still inpossession to remove to a cabin on the place, which he did. R. then brought an'action of unlawful entry and detainer against B; Held, that such action is not maintainable. In the circumstances set oiifc the possession of B. was continuous, the acts of R. not being sufficient to constitute an ouster.</p>