Learned v. Ogden

Citations

• 80 Miss. 769

Syllabus

<p>1. Tenancy by Curtesy. Waste. Gutting trees. Trespass.</p> <p>A tenant by the curtesy is without right to sell for mere profit trees growing on the inheritance, and his vendee who cuts and removes the same is liable in trespass to the reversioners.</p> <p>2. Same. Statute of limitatioiis. Joint acticms. Infants.</p> <p>A joint right of action for waste which accrues to remainder-men while they are infants is not barred by limitation as to any of them until the lapse of the statutory period after the youngest has attained his majority; but a joint right of action therefor which accrues to them after the eldest has attained his majority is barred as to all of them after the lapse of the statutory period.</p> <p>3. Same. Evidence. Instructions.</p> <p>Instructions properly limiting the plaintiff’s recovery do not, in an action by remainder-men for waste, cure the error of admitting evidence of waste prior to defendant’s trespasses and acts of waste barred by limitation.</p> <p>4. Evidence. Saw-mill boohs.</p> <p>In an action for waste in cutting timber, the saw-mili books of the defendant are inadmissible in evidence.</p> <p>5. Same. Stumps of trees. Quality of evidence.</p> <p>It is incumbent on the plaintiff in an action for waste in cutting timber to show with reasonable certainty what trees were severed by the defendant,' and the number of stumps counted by witnesses does not tend to fix the number of trees cut by defendant. n</p> <p>6. Life Tenant. His right to sue. Effect of same.</p> <p>The fact that a life tenant should protect the inheritance and might sue for injuries thereto, does not affect the right of remainder-men to sue for waste committed by a third party.</p>