Mullins v. Wroten

• Citation: 85 So.2d 457,226 Miss. 855
• Decision Date: 20 February 1956
• Docket Number: No. 39965,39965
• Parties: Mrs. Jessie W. MULLINS v. Ned WROTEN.
• Court: United States State Supreme Court of Mississippi

Page 457

85 So.2d 457

226 Miss. 855

Mrs. Jessie W. MULLINS v. Ned WROTEN.

No. 39965.

Supreme Court of Mississippi.

Feb. 20, 1956.

Roach & Jones, McComb, for appellant.

Gordon & Gordon, Liberty, for appellee.

ROBERDS, Presiding Justice.

The parties to this litigation own adjoining lands in Amite County, Mississippi. Mrs. Mullins, in her bill herein, asserts that an old fence is located upon, and for many years has been recognized by the owners of the lands as, the true boundary line between the two tracts. Wroten denies that and says he has recently placed a fence upon the true line. When Mrs. Mullins rested her case, the chancellor sustained Wroten's motion to exclude the evidence Mrs. Mullins had offered and to dismiss the bill. From that decree, Mrs. Mullins appeals here.

In passing upon that action of the learned chancellor, we must accept as true the facts which complainant's evidence fairly tends to establish, together with all reasonable inferences to be deducted therefrom. United States Realty Sales, Inc., v. Kuhn, 206 Miss. 123, 39 So.2d 776; Stewart v. American Home Fire Ins. Co., 211 Miss. 523, 52 So.2d 30; Coker v. 52 Taxi Service, 211 Miss. 820, 52 So.2d 356, 835; Montgomery v. Kimbrough Homes, Inc., 214 Miss. 519, 59 So.2d 273; Kirkland v. Harrison, 221 Miss. 714, 74 So.2d 820; Bethea v. Mullins, Miss., 85 So.2d 452. So accepting the facts and the inferences therefrom, we think Mrs. Mullins made out a prima facie case that the old fence was the recognized line between the two tracts of land. This necessitates a retrial of the cause. United States Realty Sales, Inc., v. Kuhn, and Bethea v. Mullins, supra. Since the case is to be retried, we refrain from detailing the testimony or commenting upon its effect and weight.

Reversed and remanded.

HALL, ARRINGTON, ETHRIDGE and GILLESPIE, JJ., concur.