City of Natchez v. Vandervelde
Mississippi Supreme Court
Appeal from tbe District Chancery Court at Natchez. The city is out of possession, the appellees are holding under claim of title. Now the remedy at law, if one there be, is by action of ejectment, in which the plaintiff must recover on the strength of his own title, not the weakness of his adversary’s. True it is, that one judgment in ejectment is not final, either at common law, or by statute; Tillinghasts’ Adams on Eject. 294 ; Hutch.
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Appeal from tbe District Chancery Court at Natchez. The city is out of possession, the appellees are holding under claim of title. Now the remedy at law, if one there be, is by action of ejectment, in which the plaintiff must recover on the strength of his own title, not the weakness of his adversary’s. True it is, that one judgment in ejectment is not final, either at common law, or by statute; Tillinghasts’ Adams on Eject. 294 ; Hutch. Code, 877, § 84; and is not evidence on a second trial; Adams on Eject. 294; so that the recovery in ejectment by Chanche will not avail as a defence, if the…
1Opinion of the CourtHandy, J.
The material facts stated in the bill in this case are in substance, that in the year 1837, the City of Natchez purchased from Rutherford and MNeil, certain real estate within its corporate limits, described as lots No. 4, and part of lots No’s 1 and 3, in square No. 30, on the plat of the city, for the purpose of a burying ground, and as such to be kept by the city, and the same was conveyed to them by deed, under which they took possession, and have continued in possession for the purpose specified, until dispossessed, as stated afterwards ; that at the time of that purchase, the Roman…
2Cases cited1 opinion
- Jackson ex dem. Eden v. RathboneNew York Supreme Court · 1824
3Cited by8 opinions
- Farr v. WoolfolkSupreme Court of Georgia · 1903
- David v. ShepardSupreme Court of Alabama · 1867
- Tchula Commercial Co. v. JacksonMississippi Supreme Court · 1927
- Shattuck v. MillerMississippi Supreme Court · 1874
- Archer v. HelmMississippi Supreme Court · 1892
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