Dixon v. Cook
Mississippi Supreme Court
Error to the circuit court of the first district of Hinds county. Brown, J The opinion of the court contains a statement of the case. It is well settled that the plaintiff in ejectment cannot recover unless he shows that the legal title to the property was in himself at the time the action was begun.
Read the full summary
Error to the circuit court of the first district of Hinds county. Brown, J The opinion of the court contains a statement of the case. It is well settled that the plaintiff in ejectment cannot recover unless he shows that the legal title to the property was in himself at the time the action was begun. Tillinghast’s Adams on Ejectment, 32; Heard v. Baird, 40 Miss. 793. It is equally settled that possession by the defendant, accompanied by a claim of title, is sufficient to put the plaintiff on proof of his right. Ib.; Rev. Code of 1857, p. 309, art. 19. The court erred in admitting the bond for…
1Opinion of the Court
SlMKALL, J.:
Evan Cook brought the action of ejectment against Dixon, to recover possession of the tract of land discribed in the pleadings. A jury was dispensed with, and the cause submitted to the court, under the statute on the law and facts. The land was entered at the land office in 1838, by L.S. Marshall and J. J. McCaughn, to whom a patent was subsequently issued (in September, 1835). Judgment was recovered in 1844, in the Madison circuit court against J. J. McCaughn for $474. Execution emanating upon it, was levied upon his undivided interest in the land, and a sale and deed was made…
2Cases cited5 opinions
- Jackson ex dem. Bonnell v. SharpNew York Supreme Court · 1812
- Huntington v. AllenMississippi Supreme Court · 1870
- Hanna v. RenfroMississippi Supreme Court · 1856
- Alexander v. PolkMississippi Supreme Court · 1861
- Ellis v. MurrayMississippi Supreme Court · 1854
3Cited by7 opinions
- Altschul v. O'NeillOregon Supreme Court · 1899
- Jones v. HicksonMississippi Supreme Court · 1948
- Reddoch v. WilliamsMississippi Supreme Court · 1922
- McDonald v. FoxNevada Supreme Court · 1889
- Thompson v. BryantMississippi Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.