17 So. 2d 443 | Miss. | 1944
The appellee purchased the house in which the appellant was living and on her refusal to surrender possession thereof instituted this action in the county court of Harrison County for the possession of the property and a judgment against the appellant for double rent therefor. The defense plead by the appellant to this action was that she was in possession of the property under an unexpired lease thereof from its former owner at a rental of $50 per month. The case was tried before a jury by the county court which resulted in a verdict and judgment for the appellee for possession of the property and for the sum of $50 per month as rental therefor for the time the appellant was in default in the payment thereof. The appellee obtained an instruction to the jury which would have permitted it to return a judgment for him for double rent but his counsel when arguing the case advised the jury that the claim for double rent was withdrawn and that "we only ask for possession of the premises and $50 per month rent." *425
When the case reached the circuit court on appeal, the lease which the appellant claimed to have on the property had expired. A motion was there made by the appellee to dismiss the case as having become moot, but it was overruled and the judgment of the county court was affirmed by the circuit court. When the case reached the Supreme Court the appellee filed a motion therein asking that the appeal be dismissed for the reason that the lease under which the appellant claims the property having expired and the rent recovered by the appellee being that only which the appellant admitted to be due the case had become moot. Citing in support thereof Thomas v. Ferrell,
The only answer counsel for the appellant make to this motion is to cite the case of Henley v. Kilbas,
Appeal dismissed. *426