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B. R. Inman v. F. J. Morris
Cooper, C. J.,
delivered the opinion of the court.
It is manifest by the evidence that the possession of the defendant was adverse to the plaintiffs, and under such circumstances an action for use and occupation does not lie. Newberg & Anderson v. Cowan, 62 Miss. 570; 4 Waite’s Actions & Defenses 270.
Judgment affirmed.