Sweatt v. Corcoran
Mississippi Supreme Court
ERROR to the Circuit Court of Attala county. Hon. E. G-. Henry, judge. A full statement of the case will be found in the opinion of the court. Contended, that as it appeared from the patent that the land had been sold to Pearl, that it must be shown by proof aliundi, that the land had been divested out of him, and vested again in the United States, and that the patent was not evidence of the truth of its recitals.
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ERROR to the Circuit Court of Attala county. Hon. E. G-. Henry, judge. A full statement of the case will be found in the opinion of the court. Contended, that as it appeared from the patent that the land had been sold to Pearl, that it must be shown by proof aliundi, that the land had been divested out of him, and vested again in the United States, and that the patent was not evidence of the truth of its recitals. In this base, the defendant in the. court below (who is plaintiff in error) demurred to the evidence, and judgment was rendered against him. The plea admitted the possession, Code,…
1Opinion of the CourtSmith, C. J.
This suit was brought by William W. Corcoran, in the Circuit Court of Attala, against Nathan A. Sweatt, to recover a certain tract of land. The defendant pleaded the general issue; and on the trial the plaintiff offered to read as evidence of his title a patent, for the land in controversy, made to him by the government of the United States, issued on the 17th of March, 1851. To the reading of which the defendant objected, for reasons which were alleged to exist, and to be apparent on its face. The objection was overruled, and the patent was allowed to be read to the jury. To this ruling of…
2Cases cited1 opinion
- Surget v. Doe ex dem. LittleCourt of Appeals of Mississippi · 1852
3Cited by8 opinions
- State v. StockettMississippi Supreme Court · 1971
- Edward Hines Yellow Pine Trustees v. State ex rel. MooreMississippi Supreme Court · 1923
- State v. RoellMississippi Supreme Court · 1942
- Elkins v. Camden & Atlantic RailroadNew Jersey Court of Chancery · 1882
- LAND COMMISSIONER v. HuttonMississippi Supreme Court · 1974
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