Madison County v. Powell
Mississippi Supreme Court
Prom the chancery court of Madison county. Hon. H. C. Conn, Chancellor. Bill by Madison county against appellee to recover certain sixteenth section school-lands, or, failing in this, to enforce upon it a lien for purchase-money. The land was leased in 1853 to 'W. Q-. Kearney for a term of ninety-nine years, and notes taken for the purchase-price, these, under the statute then in force, being a lien on the land.
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Prom the chancery court of Madison county. Hon. H. C. Conn, Chancellor. Bill by Madison county against appellee to recover certain sixteenth section school-lands, or, failing in this, to enforce upon it a lien for purchase-money. The land was leased in 1853 to 'W. Q-. Kearney for a term of ninety-nine years, and notes taken for the purchase-price, these, under the statute then in force, being a lien on the land. In 1859 the trustees •of the sixteenth section school-fund of the county, acting through its president, executed to Kearney a conveyance of ■said land for "the term aforesaid,…
1Opinion of the CourtCampbell, C. J.
The debt was loug since barred,'and the lien given by law to secure it was lost upon the completion of the bar of the debt. Code of 1892, §§ 2733, 2762. The fact that the debt was to the sixteenth section fund makes no difference. Time ran against trustees, county officials and counties until the bar was complete. Money v. Miller, 13 Smed. & M., 531; Brown v. Supervisors, 54 Miss., 230; Clements v. Anderson, 46 Ib., 581. This has long been settled in this state, and we will not unsettle it.
Affirmed.
2Cases cited1 opinion
- Brown v. Board of SupervisorsMississippi Supreme Court · 1876
3Cited by2 opinions
- Lambert v. StateMississippi Supreme Court · 1951
- Warren County v. LamkinMississippi Supreme Court · 1908