Legal Opinion

Burton v. Buttler

Mississippi Supreme Court

Decided March 15, 1914PublishedCited by 2 opinions

Appeal from the circuit court of Marshall county. Hon. H. K. Mahon, Judge. Suit in ejectment by J. F. Buttler against Mrs. Priscilla Burton. From a judgment for plaintiff, defendant appeals. Appellant and appellee jointly inherited a section of land. Appellant inherited the east one-half and appel-lee the west one-half. The original survey of this section was made in 1841, but the government marks seem to have been destroyed.

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Appeal from the circuit court of Marshall county. Hon. H. K. Mahon, Judge. Suit in ejectment by J. F. Buttler against Mrs. Priscilla Burton. From a judgment for plaintiff, defendant appeals. Appellant and appellee jointly inherited a section of land. Appellant inherited the east one-half and appel-lee the west one-half. The original survey of this section was made in 1841, but the government marks seem to have been destroyed. In 1883 a surveyor ran a dividing line between the land of appellant and appellee, and that boundary seems to have been accepted as the true boundary by the parties from…

1Opinion of the CourtReed, J.

In a trial of his action of ejectment, appellee relied on a survey to establish the dividing line which is the matter in controversy between the parties in the case. From the testimony of the surveyor, it does not appear that he located an established corner or monument of the original survey made by the United States surveyor as a starting point in his survey. It cannot be said that he had a sufficiently established corner or place from, which to run his lines. The line, therefore, run by him was not with such degree of certainty and accuracy as to constitute it as the true and correct…

2Cases cited3 opinions

  1. Reinert v. BruntSupreme Court of Kansas · 1889
  2. Barney v. StateMississippi Supreme Court · 1872
  3. Bonney v. McLeodMississippi Supreme Court · 1860

3Cited by2 opinions

  1. Boyd v. DurrettMississippi Supreme Court · 1953
  2. Perry v. WrightMississippi Supreme Court · 1953

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