Davis v. Davis
Mississippi Supreme Court
FROM the circuit court of Attala county. HoN. C. H. Campbell, Judge. Ejectment by appellant against appellees. On the trial it was not controverted that the plaintiff was originally the owner of a tract of 240 acres, including the 40-acre tract in controversy. The defendants claim under a parol gift from the plaintiff, entry thereunder and continuous adverse possession foi’ more than ten years before the institution of this suit.
Read the full summary
FROM the circuit court of Attala county. HoN. C. H. Campbell, Judge. Ejectment by appellant against appellees. On the trial it was not controverted that the plaintiff was originally the owner of a tract of 240 acres, including the 40-acre tract in controversy. The defendants claim under a parol gift from the plaintiff, entry thereunder and continuous adverse possession foi’ more than ten years before the institution of this suit. It is fairly established by the evidence that about the year 1878, defendant, Frank Davis, who is a step-son of plaintiff, settled upon the 40 acres in controversy,…
1Opinion of the Court
CooPERj J.,
delivered the opinion of the court.
It is too well settled by decisions of this court, and by innumerable authorities in other states, that a claim of title under a parol gift or purchase, accompanied by entry and adverse holding, may ripen into an indefeasible title by the lapse of statutory period of limitation, to admit of present argument or contention.
Magee v. Magee, 37 Miss. 138; Davis v. Bowmar, 55 Ib. 671; Niles v. Davis, 60 Ib. 750; Geohegan v. Marshall, 66 Ib. 676; Campbell v. Braden, 96 Penn. St. 388; Clark v. Gilbert, 39 Conn. 94; Steel v. Johnson, 4 Allen, 425; Outcalt…
2Cases cited7 opinions
- Bell v. LongworthIndiana Supreme Court · 1855
- Clark v. GilbertSupreme Court of Connecticut · 1872
- Hughes v. IsraelSupreme Court of Missouri · 1881
- Rannels ex rel. Renick v. RannelsSupreme Court of Missouri · 1873
- Magee v. MageeMississippi Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hitt v. CarrIndiana Court of Appeals · 1915
- Buford v. LogueCourt of Appeals of Mississippi · 2002
- Parker v. KelseyOregon Supreme Court · 1916
- Chatman v. CarterMississippi Supreme Court · 1950
- Shipman v. LovelaceMississippi Supreme Court · 1952
2 more not listed; retrieve them via the Exa API.