Dean v. Tucker
Mississippi Supreme Court
Error to the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge. The cuse is stated in the opinion of the court. 1. The verdict of the jury was against the evidence. The character of the appellant’s entry upon and possession of the land can only be determined by the subsequent acts and declarations of himself and his father.
Read the full summary
Error to the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge. The cuse is stated in the opinion of the court. 1. The verdict of the jury was against the evidence. The character of the appellant’s entry upon and possession of the land can only be determined by the subsequent acts and declarations of himself and his father. The death of the father and the legal disability of plaintiff in error exclude all evidence of what occurred at the time of the entry, and what they did and said can only be read in the light of their subsequent conduct. We insist that the entry was made and…
1Opinion of the CourtG-eoroe, J.
This was an action of ejectment brought by defendants in error against the plaintiff in error to recover a half-section of land. The defendants in error claimed under the will of *494Joseph Dean, deceased, who died in the spring of 1871 ; the plaintiff in error claimed under an alleged parol gift from the same party, and an alleged adverse possession under the gift for over twenty years ; and the question in controversy is whether there was such parol gift, and whether the possession was adverse. The evidence showed that on the seventeenth day of December, 1856, the testator, Joseph Dean, bought…
2Cited by6 opinions
- Neal v. Newburger Co.Mississippi Supreme Court · 1929
- Louisana & Mississippi R. Transfer Co. v. LongMississippi Supreme Court · 1930
- Yazoo & Mississippi Valley Railroad v. Lakeview Traction Co.Mississippi Supreme Court · 1911
- Newman v. SmithMississippi Supreme Court · 1956
- Hastings v. California Co.Mississippi Supreme Court · 1961
1 more not listed; retrieve them via the Exa API.