Clements v. Anderson
Mississippi Supreme Court
Error to the circuit court of Attala county. Cunningham, J. The errors assigned in this case are the refusal of the circuit court to sustain the motion to exclude from the jury the patent to Green, and the evidence of possession under it, and the refusal of the instructions asked by plaintiff and giving those asked by defendants, and the same questions are involved in the several assignments of error, viz.: 1st. Whether the statute of limitations of ten years barred…
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Error to the circuit court of Attala county. Cunningham, J. The errors assigned in this case are the refusal of the circuit court to sustain the motion to exclude from the jury the patent to Green, and the evidence of possession under it, and the refusal of the instructions asked by plaintiff and giving those asked by defendants, and the same questions are involved in the several assignments of error, viz.: 1st. Whether the statute of limitations of ten years barred plaintiff; 2d. Whether the eighth section of “An act further to remedy the evils occasioned by the burning of the courthouse of…
1Opinion of the Court
Simrall, J.:
The land in dispute is parcel of the five hundred thousand acres, granted to this state, by the act of congress of September, 1850, for purposes of internal improvement. The respective parties claim under conflicting patents; one issued to Joshua Green, in 1853, and the other to Calvin Clements, in 1869.
The patent to Clements was issued under the act of 16th March, 1862, by which, among other things, the secretary of state was authorized to issue scrip for swamp lands in the different counties in which they lie to commissioners appointed for that purpose. Clements became regularly…
2Cases cited6 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- United States v. KirkpatrickSupreme Court of the United States · 1824
- County of St. Charles v. PowellSupreme Court of Missouri · 1856
- Thomas v. HatchU.S. Circuit Court for the District of Maine · 1838
- Jackson, ex rel. Hoogland v. VailNew York Supreme Court · 1831
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3Cited by16 opinions
- Johnson v. BlackSupreme Court of Virginia · 1905
- City of Wheeling v. CampbellWest Virginia Supreme Court · 1877
- Savannah, Florida & Western Railway Co. v. GeigerSupreme Court of Florida · 1886
- Green v. IrvingMississippi Supreme Court · 1877
- Adams v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1897
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