Richardson v. Callihan

Citations

• 73 Miss. 4

Syllabus

<p>I. Landlord and Tenant, Trespass for wrongful ejection by landlord. Admerse judgment in unlawful detainer does not estop tenant.</p> <p>A judgment in unlawful detainer, in favor of one claiming under the same landlord, does not preclude the defendant therein from suing-his landlord in trespass for the damages occasioned by his conduct in wrongfully and fraudulently procuring- his ejection through the instrumentality of the plaintiff in unlawful detainer.</p> <p>3. Same. Code 1893, § 4475, construed.</p> <p>The meaning of <¡ 4475, code 1893, to the effect that “ a judgment rendered in a suit of unlawful entry or detainer, either for the plaintiff or defendant, shall not bar any action between the same parties respecting the same land; nor shall any jxrdgment given therein be held conclusive of the facts found in any other action between the same parties,” is ascertained by reference to Hutchinson’s code, ch. 56, p. 816; code 1857, art. 33, eh. 43; and code 1871, $ 1598, wherein it is provided that “no judgment rendered as aforesaid (i. e., in forcible entry and unlawful detainer), either for the plaintiff or the defendant, shall bar any action of trespass, or any action of ejectment or writ of right between the same parties respecting- the same tenement; nor shall any verdict found as aforesaid, be held conclusive of the facts therein found in any such action of trespass, ejectment or writ of right.”</p> <p>3. Damages. Evidence of rental value admissible.</p> <p>Evidence of the rental value of the land from which plaintiff in the action of trespass was evicted, is admissible as an aid in the measurement of his damage.</p>