Legal Opinion

Carroll County v. Estes

Mississippi Supreme Court

Decided October 15, 1894PublishedCited by 2 opinions

Eeom the chancery court of the first district of Carroll county. Hon. T. B. Geai-iam, Chancellor. Bill against appellee, under § 4147, .code 1892, to cancel the claim of defendant to certain school land alleged to have been reserved in lieu of sixteenth section land. The prayer is that if defendant’s claim is not canceled, the court shall fix the date of expiration of the lease.

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Eeom the chancery court of the first district of Carroll county. Hon. T. B. Geai-iam, Chancellor. Bill against appellee, under § 4147, .code 1892, to cancel the claim of defendant to certain school land alleged to have been reserved in lieu of sixteenth section land. The prayer is that if defendant’s claim is not canceled, the court shall fix the date of expiration of the lease. Defendant answered, and, as to that part of the land which is in controversy, averred that she and those under whom she claimed had been in possession, under claim of title, for more than twenty-five years; that the…

1Opinion of the CourtCooper, C. J.

By agreement of counsel in open court, all controversy as to any of the land described in the bill except the west half of the southeast quarter of section 17 was ended. As to such other land, it was admitted that the defendant held under a valid and lawful lease of ninety-nine years, beginning on the eighth day of September, 1848.

No evidence was given of any lease as to the west half of the southeast quarter of section 17, but the defendant introduced a paper title more than twenty-five years old, in which the grantor professed to convey a lease of ninety-nine years derived from the proper…

2Cited by2 opinions

  1. Lambert v. StateMississippi Supreme Court · 1951
  2. Leflore County v. BushMississippi Supreme Court · 1898

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