Pegram v. Newman
Mississippi Supreme Court
Error, to the Circuit Court of Warren County. Hon. George F. Brown, Judge. This was ejectment by Minerva F. Newman and another, heirs-at-law of Eugene Newman, to recover lots 83, 34, 47 and 48, in square 14 in Vick’s enlargement of Vicksburg, in possession of which their ancestor died in 1852. After the plaintiffs had rested, the defendant, Tilford Pegram, having proved an agreement between Eliza A. Newman, the widow of Eugene Newman, and himself, to make him title, and that…
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Error, to the Circuit Court of Warren County. Hon. George F. Brown, Judge. This was ejectment by Minerva F. Newman and another, heirs-at-law of Eugene Newman, to recover lots 83, 34, 47 and 48, in square 14 in Vick’s enlargement of Vicksburg, in possession of which their ancestor died in 1852. After the plaintiffs had rested, the defendant, Tilford Pegram, having proved an agreement between Eliza A. Newman, the widow of Eugene Newman, and himself, to make him title, and that she put him in possession, offered a quitclaim deed to himself from her, dated Nov. 21, 1857, conveying lots 33, 34, 47…
1Opinion of the CourtChalmers, J.
The deeds were improperly excluded. In them the premises were described as “ lots 33, 34, 47 and 48, in square 15 in Vick’s enlargement of Vicksburg,” whereas the property sued for consisted of lots of the same numbers in square 14 in Vick’s enlargement. On account of this variance the deeds were excluded. But it was shown, or offered to be shown, both by parol and by official maps, that the lots in Vick’s enlargement were numbered consecutively from 1 to 70, without regard to the subdivision into squares, and that, as there could be only one lot of the same number therein, the addition of…
2Cited by6 opinions
- Dunn v. StrattonMississippi Supreme Court · 1931
- State v. PennoyerOregon Supreme Court · 1894
- Crawford v. McLaurinMississippi Supreme Court · 1903
- King v. JonesMississippi Supreme Court · 1946
- Florence Young and Alton Pierce v. Randall C. MartinCourt of Appeals of Mississippi · 2024
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