Holloway v. Miller
Mississippi Supreme Court
From the circuit court of, first district, Marion county. Hon. William T. McDonald, Judge. Miller, the appellee, was plaintiff, and Holloway, the appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The opinion fully states the case.
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From the circuit court of, first district, Marion county. Hon. William T. McDonald, Judge. Miller, the appellee, was plaintiff, and Holloway, the appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The opinion fully states the case. Counsel for appellee rely on Pevey v. Jones, 71 Miss., 647. This is a case unsupported by a single authority, and, while correct in the result reached, is ill advised in seeming to be authority for what it is not. It is not authority for the position of the lower court in this case. There…
1Opinion of the CourtTruly, J.
Appellant, for a long term of years, had been, by virtue of several conveyances, in possession of a tract of land including the eighty acres about which this controversy arose. He had cultivated, fenced, erected buildings, and generally improved the same, claiming, operating, and cultivating the same as owner. Under these circumstances he executed a deed to appellee conveying with full warranty of title a tract of one hundred and fifty acres, of which this eighty formed a part. Under this deed appellee entered into possession, used and controlled the same for several years, when he discovered…
2Cases cited4 opinions
- Pevey v. JonesMississippi Supreme Court · 1893
- Dyer v. BrittonMississippi Supreme Court · 1876
- Frink v. HokeOregon Supreme Court · 1899
- Hooker v. McIntoshMississippi Supreme Court · 1899
3Cited by2 opinions
- Wade v. BarlowMississippi Supreme Court · 1910
- Staton v. HenryMississippi Supreme Court · 1922