Jenkins v. Gibson

The judgment of the court was pronounced by

Rost, J.

The question which this case presents is, whether the purchaser of an improvement on the public lands, who owns a plantation in this State and resides out of it, can maintain an action for its value against the subsequent purchaser of those 'lands from the United States. The court below was of opinion that the plaintiff could maintain such an action, and accordingly gave judgment in his favor. The defendant appealed.

The plaintiff, not residing upon the land in person, and having a plantation adjoining it, was not in a situation in which he…