Lindenmayer v. Gunst
Mississippi Supreme Court
Prom the circuit court of Wilkinson county. Hon. W. P. Oassedy, Judge. This is an action of ejectment, brought in July, 1892, by E. Lindenmayer and other plaintiffs, about twenty in number, against Gunst, to recover a large tract of land, and also rents and profits. Gunst was a mere tenant of J. H. Payne, who was admitted to defend in his stead.
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Prom the circuit court of Wilkinson county. Hon. W. P. Oassedy, Judge. This is an action of ejectment, brought in July, 1892, by E. Lindenmayer and other plaintiffs, about twenty in number, against Gunst, to recover a large tract of land, and also rents and profits. Gunst was a mere tenant of J. H. Payne, who was admitted to defend in his stead. The land was originally owned by Ben Rodgers, through whom both parties claim, the plaintiffs claiming as remote heirs and devisees, and the defendant, Payne, under mesne conveyances, beginning with a trust-deed executed by Rodgers, and a foreclosure…
1Opinion of the CourtCampbell, C. J.
The judgment is correct. Payne acquired title by adverse possession for ten years. Section 2678, code of 1880 (§ 2748, code of 1892) has no application. It applies only where a cause of action accrues in this state, and the person against whom it has accrued goes from and resides out of the state. A non-resident may acquire title to land by adverse possession held for him by others. An action against the tenant would give the possession to the true owner, and prevent the, ripening of the possession into title.
The successful plaintiff had no right to rent for more than six years.
Affirmed.
2Cited by9 opinions
- Robinson v. MooreMississippi Supreme Court · 1898
- Le Mieux Bros. v. ArmstrongCourt of Appeals for the Fifth Circuit · 1937
- Scottish American Mortgage Co. v. ButlerMississippi Supreme Court · 1910
- Powers v. MalavazosOhio Court of Appeals · 1927
- King v. ChildressMississippi Supreme Court · 1958
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