Ladner v. Ladner
Mississippi Supreme Court
Sylvan Ladner filed the bill in this case in the Chancery Court of Harrison county against Alfred Ladner, in which he charges that he had purchased the lands described in the bill on September 22, 1877, from Jalouse Whitfield and Helion Whitfield and W. A. Whitfield, guardian of W. W. Post and V. M. Post, minor heirs of Irene Whitfield; that it was swamp and overflowed lands which they had purchased from the authorities of Harrison county in 1859, and that they delivered to…
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Sylvan Ladner filed the bill in this case in the Chancery Court of Harrison county against Alfred Ladner, in which he charges that he had purchased the lands described in the bill on September 22, 1877, from Jalouse Whitfield and Helion Whitfield and W. A. Whitfield, guardian of W. W. Post and V. M. Post, minor heirs of Irene Whitfield; that it was swamp and overflowed lands which they had purchased from the authorities of Harrison county in 1859, and that they delivered to complainant their certificates of said land, which were presented to the swamp land commissioner, who issued a patent…
1Opinion of the Court
Opinion.
2Per curiam
The decree is too broad in that it cancels the patent issued to the appellant, whereas the appellee has no valid claim to more than an undivided two-thirds interest in the land. In order to correct this error and limit the decree to the right of the complainant in the bill, the decree will be reversed and the cause remanded for a decree below in accordance with this view.
The patent should be ordered to be cancelled and the appellant be enjoined from using or attempting to use it as to an undivided two-thirds interest in the land described.
Reversed and remanded.
Equity will, by…
3Cases cited14 opinions
- Memphis & Charleston Railroad v. NeighborsMississippi Supreme Court · 1875
- Irwin v. LewisMississippi Supreme Court · 1874
- Chiles v. GallagherMississippi Supreme Court · 1889
- Walton v. TustenMississippi Supreme Court · 1873
- Phœnix Fire Insurance v. Hoffheimer, Bros. & Co.Mississippi Supreme Court · 1872
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