Newberg & Anderson v. Cowan

Citations

• 62 Miss. 570

Syllabus

<p>1. Use and Occupation. Action therefor. Section 1323, Code 1880, construed.</p> <p>Under section 1323 of the Code of 1880, which authorizes “ any landlord, when there is no contract, to recover in an action for use and occupation a reasonable satisfaction for lands, tenements, or hereditaments, held or occupied by the defendant,” it is not necessary that such action be supported by an implied contract, hut a recovery may be had if the defendant, while occupying or enjoying the property, recognized the plaintiff’s title thereto and claimed no adverse rights.</p> <p>2. Same. Measure of recovery therefor. Character of evidence, under statute.</p> <p>The plaintiff, in such action, cannot recover more than the “ reasonable satisfaction ” provided for in the statute above referred to, by showing that the property was.peculiarly valuable to the defendant; nor can the defendant defeat a recovery by showing that if he had not occupied the property it would have remained vacant and profitless.</p>