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· 10/15/1907

Richards v. Lee

Citations

  • 91 Miss. 657
  • 45 So. 570

Syllabus

<p>1. Ejectment. Bill of particulars of title. Code 1906, § 1827. Failure to furnish. -Evidence.</p> <p>Under Code 1906, § 1827, providing for bills of particulars of title in ejectment suits, if a party, after due demand on him therefor, fail to render a bill of particulars as required by the statute and enter upon the trial before doing so, it is not error in the absence of excuse for the failure, to exclude all testimony offered by him, especially where it is manifest that the proffered evidence, if received, would not make out his side of the case.</p> <p>2. Same. Title to support action. Common source.</p> <p>A plaintiff in ejectment can recover without deraigning title from the government, by showing in himself a perfect title from the common source under whom he and the defendant both claim the land.</p>

Judges: Calhoon

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