Wilson v. Kuykendall

Citations

• 112 Miss. 486
• 73 So. 344

Syllabus

<p>1. Tbespass. Elements of damages. Talcing property without legal process.</p> <p>Where appellant went upon the premises of appellee over his protest and without having any writ or warrant of any kind from any officer of the law, took possession of a mule he had sold on a conditional contract and thereby frightened appellee’s wife, and putting him to expenses in recovering the property, the ■ jury may consider not only the value of the mule, but all other circumstances in fixing the damage.</p> <p>2. Same.</p> <p>Under the law a party has not the right to invade the premises of another and take from the possession of the other party by force against the will of the party in possession any property, even though he may have title thereto. He must in such case resort to the courts to obtain possession, if the party in possession refuses on demand to deliver the property.</p>