Darrill v. Dodds

Citations

• 78 Miss. 912

Syllabus

<p>1. Practice. Nonjoinder of plaintiff. Code 1892, \\ 664. Waiver.</p> <p>The nonjoinder of a plaintiff is waived by the defendant unless objection be made in writing- before the trial begins (code 1892, $ 664), and cannot be availed of in the supreme court for the first time.</p> <p>2. Auditor’s Deed. Evidence. Constructive possession.</p> <p>An auditor’s deed and a chain of title from the grantee therein to the plaintiff, with proof of the payment of taxes by him, is insufficient to show such title to, or possession of wild land as will maintain a recovery for trees cut thereon.</p> <p>3. Compromise. Acceptance of cltech. Estoppel.</p> <p>The acceptance by a plaintiff of a check sent him by defendant in a letter, stating that it was seat in full for the value of trees cut on hi, land, estops him from demanding the statutory penalty for the wrongful cutting of the ti ees, although he wrote, in acknowledging the cheek, that he would give credit for it and claim more.</p>