Tierney v. Brown
Mississippi Supreme Court
Appeal from tlie Circuit Court of Warren County. Hon. Balph North, Judge. This is an action of ejectment, brought, Sept. 26, 1887, by Ellen Tierney against King Brown, for the possession of a tract of land described in the plaintiff’s declaration, as “ the south part of section five, in township fourteen, range four east, containing two hundred and twenty-five acres, more or less,” and lying in Warren County of this State.
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Appeal from tlie Circuit Court of Warren County. Hon. Balph North, Judge. This is an action of ejectment, brought, Sept. 26, 1887, by Ellen Tierney against King Brown, for the possession of a tract of land described in the plaintiff’s declaration, as “ the south part of section five, in township fourteen, range four east, containing two hundred and twenty-five acres, more or less,” and lying in Warren County of this State. Louisa C. Edwards was admitted as landlord to defend the action, and pleaded “ not guilty, as to a part of the premises claimed by plantiff in her declaration, to wit: the…
1Opinion of the CourtArnold, C. J.
The contest is over the SE ^ of Sec. 5, T. 14, R. 4 E. In one of appellant’s muniments of title, it is described as part of SE \ •Sec. 5, T. 14, R. 4 E. This description indicated no particular part of the subdivision named, and is therefore fatally defective and void. Yandell v. Pugh, 53 Miss., 295; Bowens v. Andrews, 52 Id., 596 ; Cogburn v. Hunt, 54 Id., 675; Dingey v. Paxton, 60 Id., 1038. But the land claimed by appellant is also described as south part of Sec. 5, T. 14, R. 4 E., two hundred and twenty-five acres. This description is not void for uncertainty. It is easy enough to lay off…
2Cases cited3 opinions
- Goodbar & Co. v. DunnMississippi Supreme Court · 1884
- Corburn v. CrittendenMississippi Supreme Court · 1884
- Yandell v. PughMississippi Supreme Court · 1876
3Cited by12 opinions
- East v. KarterSupreme Court of Alabama · 1926
- Langstaff v. Town of DurantMississippi Supreme Court · 1920
- Lewick v. GlazierMichigan Supreme Court · 1898
- Ault v. ClarkIndiana Court of Appeals · 1916
- Caruthers v. Panola CountyMississippi Supreme Court · 1949
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