Phillips v. Gastrell

Citations

• 61 Miss. 413

Syllabus

<p>1. Replevin. For trees cut. -Action by disseizee, how defeated.</p> <p>To defeat an action of replevin on the ground of the desseizin of the plaintiff, there must be an actual, adverse occupation of the land held in good faith under claim of title.</p> <p>2. Same. Actual owner. Trespasser.</p> <p>The action will be denied only as against the actual possessor of the land and permitted against a trespasser, however frequently the trespass may have been repeated.</p> <p>3. Same. Case in judgment.</p> <p>Where the land is swamp and overflowed land, not capable of actual Occupation, and only occasionally and temporarily occupied by. persons “ camped ” on it for the purpose of felling trees to be rafted out, there was no permanent or continuous occupation of it, and the true owner will be permitted to bring replevin for trees cut on the land.</p>