Miles v. Fink

Citations

• 119 Miss. 147
• 80 So. 532

Syllabus

<p>1. ExecutoRS and Administrators. Possession of real estate. Notice to heirs.</p> <p>Under Code 1906, sections 2012, 2071, 2079, (Hemingway’s ,Code, sections 1677, 1738, and 1746), where the will does not confer any specific powers upon the executor to take charge of the real estate and lease it, and there is sufficient cash on hand to pay debts, the heirs should have notice and a hearing of a proceeding hy the executor to obtain possession of and lease such real estate.</p> <p>2. Tenancy in Common. Lease by tenant in common.</p> <p>While one tenant in common cannot lease the whole property, so as to bind the other co-tenants, still one tenant may lease to the extent of her rights in the property, and such lease will he valid to the extent of ]}er interest.</p> <p>3. Injunction. Mandatory injunction. Possession of land.</p> <p>Where a defendant is in possession of land under bona-fide claim of right and is financially able to pay any damages assessed , against him, a mandatory injunction to oust him of possession should not be issued without notice to him.</p>