McInnis v. Pickett
Mississippi Supreme Court
Appeal from the Circuit Court of Jackson County; Hon. S. H. Terral,. Judge. I-n-. the; year 1840,.William Kirkwood.died intestate, .,leáv¡ii%. a widow, and five children, namely, Henry, Alexander, William R., Margaret and Nancy. On the 16th of May, 1848, a patent to a certain tract of.land was issued to William Kirkwood, the deceased, by the United States government.
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Appeal from the Circuit Court of Jackson County; Hon. S. H. Terral,. Judge. I-n-. the; year 1840,.William Kirkwood.died intestate, .,leáv¡ii%. a widow, and five children, namely, Henry, Alexander, William R., Margaret and Nancy. On the 16th of May, 1848, a patent to a certain tract of.land was issued to William Kirkwood, the deceased, by the United States government. And on the 20th of July, 1848, a patent to a certain other tract of land was issued to James Baker by the United States government. In September, 1848, Heniy Kirkwood conveyed all of his interest in his father’s estate to William…
1Opinion of the CourtCampbell, J.
„■.. - The record shows “ That it was admitted by the parties that William Kirkwood, deceased, is the commo.n source of title, and *357■owned at his death the land in controversy.” This narrowed the controversy so as to exclude all question as to the validity ■of the patent or the identity of the land it conveyed,and as to the derivation of title from James Baker. The death of Wm. Kirkwood, before the issuance of the patent to him or “ his legal representatives,” made no difference as to the validity of the patent, if that was a question in the case. Hogan v. Page, 2 Wallace, 605. An Act of…
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