Amite County v. Steen
Mississippi Supreme Court
Fbom the chancery court of Amite county. HoN. Claude PiNtard, Chancellor. This is a bill filed under § 4147, code 1892, by Amite county against T. C. Steen to establish title to a certain tract of sixteenth section school lands.
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Fbom the chancery court of Amite county. HoN. Claude PiNtard, Chancellor. This is a bill filed under § 4147, code 1892, by Amite county against T. C. Steen to establish title to a certain tract of sixteenth section school lands. The answer of defendant, Steen, admits the character of title asserted by complainant, but sets up a lease for ninety-nine years, and adverse possession thereunder for a period of twenty-five years, and relies on § 4148, code 1892, which is as follows: “Adverse possession for a period of twenty-five years, under a claim of right of title, shall be j)rl)no, facie…
1Opinion of the Court
Campbell, Special J.,
delivered the opinion of the court.
The adverse possession of the sixteenth section for more than twenty-five years by the appellee and those under whom he claimed, under a claim of right, was primia facie evidence ' ‘ that the law authorizing the disposition of the land had been complied with and the lease or sale duly made.” Code 1892, § 4148.
The proposition that the defendant who shows the adverse possession required to raise the presumption of a lease or sale duly made, in the long ago, must also show that a lease or sale was actually made, is not maintainable.…
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