Legal Opinion

Warren County v. Lamkin

Mississippi Supreme Court

Decided March 15, 1908PublishedCited by 9 opinions

From the circuit court of Warren county. Hon. Thomas G-. Burchett, Special Judge. Warren county, appellant, was plaintiff in the court below; Mrs. Lamkin, appellee, was defendant there. The suit was ejectment. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. This is an appeal from the circuit court of Warren county.

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From the circuit court of Warren county. Hon. Thomas G-. Burchett, Special Judge. Warren county, appellant, was plaintiff in the court below; Mrs. Lamkin, appellee, was defendant there. The suit was ejectment. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. This is an appeal from the circuit court of Warren county. In 1872 the board of supervisors of Warren county undertook to lease for a term of ninety-nine years to one George McCarthy a certain parcel of land situated in the city of Vicksburg, which land was…

1Opinion of the CourtCalhoon, J.

This case involves the question of whether a statute of limitations applies against a county arising out of the adverse possession of land. We are indebted to counsel on both sides for the very able presentation of their respective contentions, as made orally and by briefs. So lucid and strong and researchful have they been that, deciding either way, no reason or helpful authority is found by us which does not appear in their arguments. It is apparent on casual examination that, if between private persons, recovery in this case would be impossible. But the plaintiff being a county with some…

2Cases cited5 opinions

  1. Jones v. Madison CountyMississippi Supreme Court · 1895
  2. Clements v. AndersonMississippi Supreme Court · 1872
  3. Brown v. Board of SupervisorsMississippi Supreme Court · 1876
  4. Chamberlain v. Board Supervisors Lawrence CountyMississippi Supreme Court · 1894
  5. Madison County v. PowellMississippi Supreme Court · 1893

3Cited by9 opinions

  1. Covington County v. PageMississippi Supreme Court · 1984
  2. Monroe County Bd. of Educ. v. RyeMississippi Supreme Court · 1988
  3. Lambert v. StateMississippi Supreme Court · 1951
  4. Caruth v. GillespieMississippi Supreme Court · 1915
  5. State v. StockettMississippi Supreme Court · 1971

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