Pevey v. Jones
Mississippi Supreme Court
Prom the circuit court of Copiah county. Hon. J. B. Chrisman, Judge. On December 20, 1881, appellees sold and conveyed to appellants, by warranty deed, certain land in Lawrence county, Miss. In 1890 the purchasers learned that a part of the land belonged to the United States. There was testimony to show that they were never in actual possession of such part, but had paid taxes thereon several years.
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Prom the circuit court of Copiah county. Hon. J. B. Chrisman, Judge. On December 20, 1881, appellees sold and conveyed to appellants, by warranty deed, certain land in Lawrence county, Miss. In 1890 the purchasers learned that a part of the land belonged to the United States. There was testimony to show that they were never in actual possession of such part, but had paid taxes thereon several years. On March 22, 1893, this suit was brought by them to recover of appellees, on the covenant of warranty, the purchase-money paid for said land,, with interest. There was a judgment by default in the…
1Opinion of the CourtCampbell, C. J.
As to the land belonging to the United States, the cove*649nant of warranty was broken the instant it ivas made, and a right of action on it then accrued, and was barred when this action was commenced. The true doctrine is that the United States are always seized of their lands, and cannot be disseized as private owners may be; that land belonging to the United States cannot lawfully be the subject of sale and conveyance by individuals, so as to confer any right; that a grantee of such land by another than the United States cannot take possession without becoming a wrong-doer, and liable to…
2Cases cited1 opinion
- Green v. IrvingMississippi Supreme Court · 1877
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