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MARTIN v. PHILLIPS

No. 56649.

514 So.2d 338 (1987)

John W. MARTIN v. John Allen PHILLIPS and Carolyn D. Phillips.

Supreme Court of Mississippi.

Rehearing Denied November 18, 1987.

Attorney(s) appearing for the Case

Cliff R. Easley, Jr., Yancy, Easley & Cooper, Bruce, for appellant.

Alan M. Purdie, Jay Gore, Jr., Gore, Gore & Purdie, Grenada, Paul M. Moore, Sr., Calhoun City, for appellees.

Before WALKER, C.J., and PRATHER and ANDERSON, JJ.

WALKER, Chief Justice, for the Court:

This case is before the Court on appeal from the Circuit Court of Grenada County, where the lower court dismissed John Martin's action for ejectment pursuant to a motion made under Miss.R.Civ.P. 12(b)(6). From this adverse decision, Matin appeals making one (1) assignment of error.

FACTS

In 1962 John W. Martin and his wife, Grace P. Martin, owned three hundred forty (340) acres in Grenada County, "as a joint...

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