Ingram Day Lumber Co. v. Robertson

Citations

• 129 Miss. 365
• 92 So. 289

Syllabus

<p>1. Public Lands. Bight of lessee of sixteenth to cut timber is fixed by law.</p> <p>The right of the lessee of a sixteenth section to cut timber thereon is fixed by law, and can neithér be increased nor diminished by a board of supervisors or a court of equity except as may be provided by law.</p> <p>2. Equity. If because of a party’s mistake as to an agreement’s legal effect it fails to express the contract, equity will relieve.</p> <p>A simple mistake by a party as to the legal effect of an agreement which he executes, or as to the legal result of an act which he performs, is no ground for equitable relief; but if, after making an agreement, the instrument they execute, because of a mistake as to its legal effect, fails to express the contract which the parties actually entered into, equity will interfere with the appropriate relief, either by way of defense to its enforcement, or by reformation or cancellation.</p> <p>3. Puulio Bands. An orden- extending time to cut and remove timber from school land held to confer no greater right than original lease. '</p> <p>When the lessee of a sixteenth section is without the right to cut timber thereon for commercial purposes, an instrument executed by the president of the board of supervisors, pursuant to an order of the board so to do, extending the time within which the lessee can cut and remove the timber beyond the expiration of the lease, does not confer on the lessee the right to cut and remove the timber where the order under which the instrument was executed expressly provides that it shall confer no greater right to cut and remove the timber than was conferred by the original lease.</p> <p>4. Trover and Conversion. Measure of damages value at time of eon-version.</p> <p>The measure of damages for the conversion of property is the value of the property at the time of its conversion with interest thereon to the time of the trial.</p> <p>Anderson and Sykes, JJ., dissenting.</p>