Jones v. Sherman
Mississippi Supreme Court
ERROR to the Circuit Court of Grenada County. Hon. Samuel Powell, Judge. The case is stated in the opinion of the court. 1. Brown was an incompetent witness under the act of 1878 (Laws 1878, p. 190), and should have been excluded. His admission was fatal, and must cause a reversal of the case. 2. It should have been proved that the parties who as heirs of the obligor in the title-bond made the deed in pursuance thereof were heirs.
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ERROR to the Circuit Court of Grenada County. Hon. Samuel Powell, Judge. The case is stated in the opinion of the court. 1. Brown was an incompetent witness under the act of 1878 (Laws 1878, p. 190), and should have been excluded. His admission was fatal, and must cause a reversal of the case. 2. It should have been proved that the parties who as heirs of the obligor in the title-bond made the deed in pursuance thereof were heirs. The failure to make such proof is fatal to the paper title. 2 Greenl. on Ev., sects. 309, 354. 3. There was no proof of the location of Donly’s float. That was also…
1Opinion of the CourtSiMRALL, C. J.
H. B. Sherman, the plaintiff in this ejectment suit, predicated his right to recover the premises in question on two grounds. First, that he had a complete documentary title, derived by mesne conveyances from one Donly, the reservee under the fourth article of the treaty of Danqing Rabbit Creek with the Choctaw Indians, of a right.to enter a section of land in the ceded territory, which float is claimed to have been located on section 8, township 22, range 5, etc., and that the lot sued for is embraced in that section. Donly assigned his right, it would seem, before location, to H.B. W. Hill;…
2Cases cited5 opinions
- Jacks v. BridewellMississippi Supreme Court · 1876
- Rothschild v. HatchMississippi Supreme Court · 1877
- Land v. KeirnMississippi Supreme Court · 1876
- Reinhardt v. EvansMississippi Supreme Court · 1873
- Minter v. ShirleyMississippi Supreme Court · 1871
3Cited by2 opinions
- Hagan v. HolderbyWest Virginia Supreme Court · 1907
- Polle v. RouseMississippi Supreme Court · 1896