Legal Opinion

Clymer v. Cameron

Mississippi Supreme Court

Decided April 15, 1878PublishedCited by 9 opinions

Error-to the Circuit Court of Madison County. Hon. S. S. Calhoon, Judge. This was an action of unlawful detainer, commenced on January 4, 1877, before three justices of the peace, by the defendants in error, to recover possession of a certain tract of laiqd to which they held a deed from the state, executed by the auditor of public accounts on December 26, 1876. The justices gave judgment for the defendant, and the plaintiffs took an appeal to the Circuit Court.

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Error-to the Circuit Court of Madison County. Hon. S. S. Calhoon, Judge. This was an action of unlawful detainer, commenced on January 4, 1877, before three justices of the peace, by the defendants in error, to recover possession of a certain tract of laiqd to which they held a deed from the state, executed by the auditor of public accounts on December 26, 1876. The justices gave judgment for the defendant, and the plaintiffs took an appeal to the Circuit Court. In the Circuit Court a motion was made to dismiss the case, on the ground that the time for bringing such by the plaintiffs had…

1Opinion of the Court

Campbell, J.',

delivered the opinion of the court.

The defendants in error claimed the land sued for by purchase from the state, under section 49 of “An act in relation to public revenue, and for other purposes,” approved April 15, 1876 (Laws 1876, p. 129), which gave the remedy of unlawful detainer to any purchaser from the state to recover said land, and which was not to be barred before January 1, 1878 ; and it was not error to refuse to dismiss the case.

The deed of the auditor conveying the land to defendants in error was properly admitted as evidence.

The book from the chancery clerk’s…

2Cited by9 opinions

  1. Patterson v. DurfeyMississippi Supreme Court · 1891
  2. Vaughan v. SwayzieMississippi Supreme Court · 1879
  3. Salmon v. SalmonAlabama Court of Appeals · 1915
  4. Deck v. DeckSupreme Court of Georgia · 1942
  5. Houston Bros. v. LenhartMississippi Supreme Court · 1924

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