Blake & Boulden v. McCray

Citations

• 65 Miss. 443

Syllabus

<p>Unlawful Entry and Detainer. Character of possession to sustain action Case in judgment.</p> <p>About the first of December, 1877, T. verbally leased to M. a lot, upon which the former was to erect a building suitable for a livery stable, the term of the lease being one year, to commence on January 1, 1888. A disagreement arose between them concerning this lease. On the 2d of January, T. leased the same premises to B. for a term, to commence on the 9th of January. Then M., while the stable was unfinished and being constructed, tied two horses therein, against the protest of the contractor for the building thereof; and in a few hours thereafter the horses were removed by some person unknown. On the 5th of January, B. was allowed by T. and the contractor to put horses in the stable. On the 7th of same month M. again tied some horses in the stable, and they were removed by an employee of the contractor. Thereupon M. brought an action of un“ lawful entry and detainer against B. for the premises referred 'to. Held, that the scrambling possession obtained by M. is not sufficient to sustain his action.</p>