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Threatt v. Rushing

Supreme Court of Mississippi
361 So. 2d 329 (1978)


Facts

Mittie Alice Cooper Rushing Threatt (defendant) owned property that was primarily used for growing timber. Threatt conveyed the property to her three children, Johnny Rushing, Andrew Rushing, and Mittie Foster (plaintiffs) and reserved a life estate on the property. Later, a one-quarter interest in the property was conveyed back to Threatt. The property contained about 1,000,000 board feet of standing timber. Without obtaining permission from the plaintiffs, Threatt cut about 110,000 board feet of the timber from the property, which was worth about $15,000. Threatt claimed that the timber was cut to remove mature trees in order to thin the land, which would allow the smaller timber to grow faster. The plaintiffs sued Threatt, seeking an injunction to prevent any additional cutting of timber and requesting a judgment for the value of the timber that was cut. The plaintiffs asserted that Threatt’s cutting of the lumber constituted actionable waste. The trial court granted the injunction and awarded damages to the plaintiffs. Threatt appealed.

Rule of Law

Issue

Holding and Reasoning (Broom, J.)

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