Leavenworth v. Crittenden

Citations

• 62 Miss. 573

Syllabus

<p>1. Unlawful Detainer. By State or its vendee. When right of action accrues.</p> <p>After the expiration of the period of redemption of land sold to the State for taxes and the failure of the former owner to redeem the same, the State or its vendee has the right to bring the action of unlawful detainer to obtain possession of the land.</p> <p>2. Same. By State’s vendee. Compensation for use and occupation.</p> <p>And the right of action thus acquired by a purchaser from the State entitles him to recover reasonable compensation for the use and occupation of the premises sued for, as provided in $$ 2653 and 2657 of the Code of 1880.</p> <p>3. Practice. Proceedings in justice of the peace’s court. Irregularities — when to be objected to.</p> <p>Where a defendant appears in a justice of the peace’s court, and then in the circuit court on appeal, and makes no objection to the proceedings in the case till after a judgment has been rendered against him in the circuit court, it is then too late for him to avail of mere irregularities in the proceedings in the justice’s court.</p> <p>4. Same. On appeal from justice of the peace’s court. Irregularity in bond.</p> <p>Where a bond, given on appeal from a justice of the peace’s court, states the date of the judgment as subsequent to its own date, such irregularity may be cured, in the circuit court, by amendment, or, if required, by the giving of a new bond, under 2658 and 2353 of the Code of 1880.</p> <p>5. Same. On appeal from justice of the peace’s court. Presumption as to regularity.</p> <p>Where, upon appeal, the record of a case in a justice of the peace’s court shows that the judgment was rendered several days after the return day of the summons, it is presumed, if nothing appears to the contrary, that the court met on the return-day and adjourned from day to day till the rendition of the judgment, as authorized by ?¿?¿ 2651 and 2265 of the Code of 1880.</p>