Miller v. Wesson

Citations

• 58 Miss. 831

Syllabus

<p>1. Trespass. Chap. 57, Code of 1871. Statute of Limitations. Infants.</p> <p>The time for bringing the actions provided for by chap. 67 of the Code ot 1871, entitled “An act to prevent certain trespasses,” was limited exclusively by sect. 2479 of that chapter, which contained no saving in favor of infants.</p> <p>2. Debt. Statutory penalty for cutting trees. Demand for value.</p> <p>An action, under chap. 57 of the Code of 1871, for the penalty therein provided for the cutting and carrying away of trees without the consent of the owner, is an action of debt; and the plaintiff therein, as the owner of the trees, may unite with such action a demand for the value of the trees.</p> <p>3. Same. For trees cut. Ownership.</p> <p>In an action under the chapter above referred to, the question whether the plaintiff was the owner of the trees cut, or of the land upon which they were cut, may be tried and determined.</p> <p>4. Same. For the cutting of trees. Plea of possession and color of title.</p> <p>It is not a good plea to an action under chap. 67 of the Code of 1871, for the penalty of cutting trees, that the defendant was at the time the trees were cut, and the time of pleading, in the adverse possession of the land upon which the trees were cut, under color and with claim of title. . ..</p> <p>5. Pleading. Counts of declaration. Relation to each other.</p> <p>Each of several counts of a declaration is as distinct from the others as if in a separate declaration, except as it may refer to another in express terms, and the several counts must be tried accordingly.</p> <p>6. Disseizee. Action by, for value of trees cut.</p> <p>.A disseizee cannot maintain an action for the value of trees cut upon the land ■ from which he has been ousted.</p>