Halloway v. Miles
Mississippi Supreme Court
Appeal from the circuit court of Wilkerson county. Hon. E. E. Moon, Judge. Suit by A. C. Halloway against W. P. Miles and others. Erom a judgment for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court. The case of Carruth v. Gillespie, cited by opposing counsel, is not in point here, for in that contest there was no question as to whether or not the United States had parted with its title.
Read the full summary
Appeal from the circuit court of Wilkerson county. Hon. E. E. Moon, Judge. Suit by A. C. Halloway against W. P. Miles and others. Erom a judgment for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court. The case of Carruth v. Gillespie, cited by opposing counsel, is not in point here, for in that contest there was no question as to whether or not the United States had parted with its title. In the case at bar the presumption of title in appellee by adverse possession is overthrown by the fact that the United States had never parted with title until the grant…
1Opinion of the CourtHolden, J.
The plaintiff in the court below relied upon his certificate of entry issued by the United States land,office at Jackson, Mississippi, showing an entry upon the land in question by appellant. At the trial in the court below, appellant introduced this certificate and the tract book of original entries and rested his case, relying upon section 1959, Code of 1906, which reads as follows:'
*534‘‘ All certificates issued’ in pursuance of any act of Congress by any board of commissioners, register of any land office, or any other person authorized to issue such certificate, founded on any warrant, order…
2Cases cited2 opinions
- Jones v. Madison CountyMississippi Supreme Court · 1895
- Methodist Episcopal Camp Ground Ass'n v. BrownMississippi Supreme Court · 1913
3Cited by1 opinion
- Jordan v. W. C. Griffin Land Co.Mississippi Supreme Court · 1923