Land v. Keirn
Mississippi Supreme Court
Error to the Circuit Court of Holmes County. Hon. W. B. CUNNINGHAM, Judge. The court erred in excluding as evidence copies of certificates, reports, and documents from the land office at Washington. 1st. It was admissible, as a deposition taken in pursuance of the agreement of counsel. The answers were sworn to by the witness, acting commissioner of the general land office. See Code of 1871, § 799. No objection can now be made, except for incompetency or irrelevancy. 2d.
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Error to the Circuit Court of Holmes County. Hon. W. B. CUNNINGHAM, Judge. The court erred in excluding as evidence copies of certificates, reports, and documents from the land office at Washington. 1st. It was admissible, as a deposition taken in pursuance of the agreement of counsel. The answers were sworn to by the witness, acting commissioner of the general land office. See Code of 1871, § 799. No objection can now be made, except for incompetency or irrelevancy. 2d. The deposition was com-jietent, as a whole, to show the action of the department having jurisdiction under the treaty of…
1Opinion of the Court
Simeall, J.,
delivered the opinion' of the court.'
The plaintiffs in ejectment claim the land under a purchase "by Silas Land, at the United States, hind office in Jackson, in 1860, and a patent issued in 1871. The defendants resisted that title, and attempted to show that it was void and inoperative, by the production in evidence of the transcript of the proceedings and decree of the superior court of chancery, at the suit of the heir of Charles Land against the heirs of Thomas Land, deceased, of whom the patentee Silas was one, asserting title, among other things, to the whole of sec. 21,…
2Cases cited12 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Johnson v. TowsleySupreme Court of the United States · 1871
- Michoud v. GirodSupreme Court of the United States · 1846
- Hopkins v. LeeSupreme Court of the United States · 1821
- Gray v. DoughertyCalifornia Supreme Court · 1864
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3Cited by6 opinions
- Bonner v. LessleyMississippi Supreme Court · 1883
- Jones v. ShermanMississippi Supreme Court · 1879
- Darrow v. MooreMississippi Supreme Court · 1932
- Fisher v. BrowningMississippi Supreme Court · 1914
- Hytken v. BiancaMississippi Supreme Court · 1939
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