Wilson v. Peacock

Citations

• 111 Miss. 116
• 71 So. 296

Syllabus

<p>1. Ejectment. Title to support action. By estoppel of defendant. Landlord and tenant. Estoppel of tenant. Operation. Actions in which effective. Trial. Excluding witnesses. Courts. Rules. Suspension.</p> <p>The plaintiff in an action of ejectment can only recover possession of land by the strength of his title, and not by estoppel of defendant to deny plaintiff’s title by reason of the relation of landlord and tenant.</p> <p>2. Landlord and Tenant. Estoppel of tenant. Actions in which effective.</p> <p>In an action to secure possession of land from a tenant who refused to deliver possession of land to his landlord after the expiration of his term, the landlord’s title cannot be questioned by the tenant. In such case the title is not involved. The mere fact that defendant is the tenant of plaintiff obviates the necessity of any proof of title in the landlord.</p> <p>3. Trial. Excluding witnesses.</p> <p>The rule of excluding ■ witnesses from the court room is but a rule of courts, and is not enforced unless invoked by the parties to the litigations.</p> <p>4. Same.</p> <p>Before a party to a litigation can be kept from testifying, he must be given the alternative of testifying first or leaving the court room.</p> <p>■5. Courts. Rules. Suspension.</p> <p>Mere rules of practice should never stand, in the way of permitting the jury to hear all the witnesses. The trial court has the power and should always exercise it, to relax or suspend all court rules, to the end that litigants may be assured of a full and fair hearing of their side of the controversy.</p>