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TOLBERT v. SOUTHGATE TIMBER CO.

No. 2005-CA-02293-COA.

943 So.2d 90 (2006)

Evelyn TOLBERT, Administratrix of the Estate of Elizabeth Moffett, Appellant, v. SOUTHGATE TIMBER COMPANY, Appellee.

Court of Appeals of Mississippi.

November 21, 2006.

Attorney(s) appearing for the Case

Robert A. Davis, Hattiesburg, attorney for appellant.

Matthew Anderson Taylor, attorney for appellee.

Before MYERS, P.J., SOUTHWICK and GRIFFIS, JJ.

SOUTHWICK, J., for the Court.

¶ 1. The estate of a long-deceased owner of land brought suit against timber cutters whose rights to the timber were granted by only two of a large number of heirs who owned the property. The chancellor dismissed, finding that the estate was not a proper party and that adding the true parties in interest would be futile since they would have no cause of action against the timber cutters. We disagree. Therefore we reverse, order the...

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