Native Lumber Co. v. Elmer
Mississippi Supreme Court
Appeal from the chancery court of Harrison county.' IloN. W. M. DeNNy, Je., Chancellor. Suit by F. W. Elmer and others against Native Lumber Company and others. From a decree for complainants, respondents appeal. The facts are fully stated in the opinion of the court. The principles of law dealing with acquisition of title to real estate by adverse possession are well established and generally recognized.
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Appeal from the chancery court of Harrison county.' IloN. W. M. DeNNy, Je., Chancellor. Suit by F. W. Elmer and others against Native Lumber Company and others. From a decree for complainants, respondents appeal. The facts are fully stated in the opinion of the court. The principles of law dealing with acquisition of title to real estate by adverse possession are well established and generally recognized. There must be actual adverse possession for the statutory period of ten years, under a claim of right, either by occupancy of the entire tract, or, by occupancy of a part under color of…
1Opinion of the CourtSykes, J.
The appellees, complainants in the lower court, filed, a bill against the appellants, praying that they be declared owners of certain lands in Harrison county and. that the claim of the appellants to this land be canceled. Answer was duly filed and the case was tried before the chancellor on bill, answer, and proof, and a decree was rendered in favor of the complainants (appellees here); from which decree this appeal is prosecuted.
There are very few contradictions in the testimony in the case. In fact, there are no contradictions of the-material facts in the case which we shall state. Both…
2Cases cited15 opinions
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- Fletcher v. FullerSupreme Court of the United States · 1887
- McCaughn v. YoungMississippi Supreme Court · 1904
- Holtzman v. DouglasSupreme Court of the United States · 1897
- Clark v. GilbertSupreme Court of Connecticut · 1872
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3Cited by16 opinions
- White v. MERCHANTS AND PLANTERS BK.Mississippi Supreme Court · 1956
- Shepherd v. CoxMississippi Supreme Court · 1941
- Elmer v. HolmesMississippi Supreme Court · 1940
- Smith v. CookMississippi Supreme Court · 1952
- Walker v. EasterlingMississippi Supreme Court · 1952
11 more not listed; retrieve them via the Exa API.