74 So. 614 | Miss. | 1917
delivered the opinion of the court.
R. L. Maupin filed an unlawful entry and detainer suit against S. N. Murf’ at West Ir’oint, Clay county, Miss., for the possession of a thirty-foot strip of land on some lot in the city of West Point. The property is described in the amended affidavit in the circuit court as follows:
“Certain land described as being a parcel of land in the city of West Point, Clay county, said state, commencing at a point on the southern boundary of Center street in ward one of said city two hundred and fifty-one and one-half feet from the center of the Mobile & Ohio Railroad track where said street crosses said track, running thence south along the east side of said street thirty feet, thence south one hundred feet, thence west twenty-three feet, thence in a northerly direction to point of beginning.”
There was a trial on this affidavit, in which the parties dealt with the matter as though the location was understood, but there was nowhere in the evidence any description of the premises to illuminate the description of the affidavit or if it could be made certain by evidence it was not done in the record. There was much proof on each side tending to show that each of the parties had been in possession of some kind, at some time, during the time preceding the suit. It appears that Maupin had bought the land which he claimed to embrace the land in controversy, 'and that a short while before the controversy.arose he had fences rebuilt which had for some years been in decay, and after Maupin had built these fences Murf went upon the premises, tore loose the fences constructed by Maupin so far as thirty feet on the end of the lot was concerned. Murf offered title deeds and the survey of the premises in evidence, but the court excluded it. There was no written plea by Murf in the case, but it appears from the rulings of the court that his plea was that he was not in possession of
“Now, therefore, it is ordered and adjudged by the court, that it appearing that the defendant is now in possession of the premises, it is ordered that the plaintiff R. L. Maupin have and recover of the defendant S. N. Murf the possession of the premises in controversy, to wit, a certain lot of land in the city of West Point, state of Mississippi, commencing at a point on the southern boundary of a certain street, in ward one of said city two hundred and fifty-one and one-half feet from the center of Mobile & Ohio Railroad track, where said street crosses said track, running thence east along the south side 'of said street thirty feet, thence' south one hundred feet, thence thirty-three feet, thence in a northerly direction to point of beginning. .It is further ordered by the court that the said R. L. Maupin recover of the said defendant S. M. Murf all cost of this suit.’’
It will be noted that this description furnishes no guide by which the property may be located; also that it varies from the description contained in the amended affidavit. It is due the trial judge to state that this de
Reversed and remanded.