Decell v. McRee

Citations

• 83 Miss. 423

Syllabus

<p>1. Equity. Jurisdiction. Removing building.</p> <p>A court of equity will enforce, and is the proper forum in which to assert, the rights of one who owns a house situated on the land of another.</p> <p>3. Same. Judgment in ejectment. Default. Res adjudicata.</p> <p>In such case a judgment hy default in an ejectment suit brought for the land hy its owner against the owner of the house is not res adjudicata of the right of the defendant to remove the house, since the house is personal property.</p> <p>3. Same. Trustees.. Abuse of trust. School’s property.</p> <p>Though the majority of the trustees of a school are among those whom the hoard of trustees permit to erect a hoarding house on the school property, with an agreement that the house shall remain the property of the builders, there is no abuse of trust, rendering void the agreement as to its remaining the builders’ property, the boarding house being essential to the successful conduct of the school, and being built for that reason, and not to enable them to make a profit out of their trust.</p>