Clark v. Bourgeois

Citations

• 86 Miss. 1

Syllabus

<p>1. Unlawful Detainee. Scope of action.</p> <p>Where a defendant entered into the possession of land, the record title to which was in the plaintiff, under a verbal contract to make payments to the plaintiff, in the nature of rent, until a certain sum had been paid, when plaintiff was to make defendant a deed to the premises, and the defendant before completing the payments repudiated the contract, the action of unlawful detainer will lie in plaintiff’s favor, under Code 1892, § 4461, providing that a landlord, vendor, or other person against whom the possession of land is withheld after the expiration of defendant’s right by contract to hold possession, shall be entitled to such remedy.</p> <p>2. Same. Title. Equities.</p> <p>In forcible entry and detainer, neither the legal title to the property nor any secret equities existing between the parties can be investigated.</p>