Partee v. Vance
Mississippi Supreme Court
Appeal from the circuit court of Quitman county. Hon. Sam Cook, Judge. Action of ejectment by C. B. Vance against C. "W. Partee. From a judgment for plaintiff, defendant appeals. The. land was patented to the state by the United States government under Act Cong. Sept. 28, 1850, ch. 84, 9 Stat. 519, as “swamp and overflow land.”
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Appeal from the circuit court of Quitman county. Hon. Sam Cook, Judge. Action of ejectment by C. B. Vance against C. "W. Partee. From a judgment for plaintiff, defendant appeals. The. land was patented to the state by the United States government under Act Cong. Sept. 28, 1850, ch. 84, 9 Stat. 519, as “swamp and overflow land.” The patent was issued October 11, 1909. The plaintiff introduced the patent from the government to the state, and one from the state to himself, and rested his case. The defendant claims title through a sale for taxes to the liquidating levee board prior to 1875, and a…
1Opinion of the CourtSmith, J.
It may be that the contention of appellant is supported by the case of Means v. Haley, 86 Miss. 557, 38 South. 506, and that that case was not necessarily overruled by Howell v. Miller, 88 Miss. 655, 42 South. 129, or Edwards v. Butler, 89 Miss. 179, 42 South. 381, as to which we express no opinion, for the reason that it was expressly overruled in the later case of Creegan v. Hyman, 93
*224Miss. 481, 46 South. 952, in so far as it dealt with the matter now under consideration. In order to uphold appellant’s contention, it will be necessary for us to overrule this last-named case, and this we…
2Cases cited4 opinions
- Creegan v. HymanMississippi Supreme Court · 1908
- Howell v. MillerMississippi Supreme Court · 1906
- Edwards v. ButlerMississippi Supreme Court · 1906
- Means v. HaleyMississippi Supreme Court · 1905