Legal Opinion

Jonas v. Flanniken

Mississippi Supreme Court

Decided October 15, 1891PublishedCited by 10 opinions

Erom the chancery court of Monroe county. IIon. Baxter MoEarland, Chancellor. The bill in this case seeks a sale for partition of certain land in Monroe county, consisting of forty acres in section 27 and the adjoining forty acres in section 26, township 13, range 17. On the land in section 27 are situated certain mineral springs, known as Greenwood Springs, and a hotel and cottages to accommodate visitors.

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Erom the chancery court of Monroe county. IIon. Baxter MoEarland, Chancellor. The bill in this case seeks a sale for partition of certain land in Monroe county, consisting of forty acres in section 27 and the adjoining forty acres in section 26, township 13, range 17. On the land in section 27 are situated certain mineral springs, known as Greenwood Springs, and a hotel and cottages to accommodate visitors. The original bill was filed Eebruary 23, 1887, by S. Á. Jonas, R. E. Houston, L. E. Houston and R. O. Reynolds, against Mrs. A. E. Elanniken and M. J. Wright, and alleged that complainants…

1Opinion of the CourtCampbell, C. J.

The defense on the ground of estoppel fails for want of evidence to support it.

The ten-years'" statute of limitations is not available to the defendant, because both the amended and original bills were exhibited before the expiration of ten years from the inception of the title in severálty held by her as grantee of Mrs. Jordan, whose title as sole owner was vested in her on June 20, 1879, by the conveyance of Howard. Prior to that the land had not been held in severalty by any person under whom the defendant claims.

The title of the defendant to the forty acres in section 27 was unassailable…

2Cases cited3 opinions

  1. Sigman v. LundyMississippi Supreme Court · 1889
  2. McGee v. HolmesMississippi Supreme Court · 1885
  3. Gibson v. BerryMississippi Supreme Court · 1889

3Cited by10 opinions

  1. Smith v. SmithMississippi Supreme Court · 1951
  2. Griggs v. GriggsMississippi Supreme Court · 1953
  3. Wilder v. CurrieMississippi Supreme Court · 1957
  4. Clausell v. RileyMississippi Supreme Court · 1940
  5. Bentley v. Callaghan'sMississippi Supreme Court · 1901

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