Gardiner v. Hinton
Mississippi Supreme Court
Feom the chancery court of Jones county. Hon. James L. MoCasKilx,, Chancellor. Mrs. Hinton, the appellee, formerly a Miss Creel, was the complainant in the court below; Eastman Gardiner and others, the appellants, were defendants there. From a decree in complainant’s favor the defendant appealed to the supreme court.
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Feom the chancery court of Jones county. Hon. James L. MoCasKilx,, Chancellor. Mrs. Hinton, the appellee, formerly a Miss Creel, was the complainant in the court below; Eastman Gardiner and others, the appellants, were defendants there. From a decree in complainant’s favor the defendant appealed to the supreme court. Appellee, Mrs. Hinton, filled her bill praying for the sale of the lands described therein for partition, alleging that she was the owner of an undivided one-third interest in the lands and that she was a co-tenant with the defendants. Defendants answered the'bill, denying all…
1Opinion of the CourtTeuly, J.
The question presented by this record is whether appellant can successfully interpose the plea of adverse possession. Code 1892, § 2134, provides, “Ten years’ actual adverse possession by any person claiming to be the owner for that time, of any land, uninterruptedly continued for ten years by occupancy,' descent, conveyance, or otherwise, in whatever way such occupancy may have been commenced or continued, shall vest in every actual occupant or possessor of such land a full and complete title,” with certain exceptions saving the rights of minors and those suffering from unsound minds. The…
2Cases cited6 opinions
- Hanna v. RenfroMississippi Supreme Court · 1856
- Greenhill v. BiggsCourt of Appeals of Kentucky · 1887
- Roberts v. MorganSupreme Court of Vermont · 1858
- Rutter v. SmallCourt of Appeals of Maryland · 1887
- Stovall v. JudahMississippi Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Nichols v. Gaddis & McLaurin, Inc.Mississippi Supreme Court · 1954
- Peeples v. BotkinMississippi Supreme Court · 1923
- Quates v. GriffinMississippi Supreme Court · 1970
- Shelby v. RhodesMississippi Supreme Court · 1913
- Davis v. Gulf Refining Co.Mississippi Supreme Court · 1947
9 more not listed; retrieve them via the Exa API.