Hignite v. Hignite
Mississippi Supreme Court
Appeal from the Chancery Court of Prentiss County. Hon. Baxter McFarland, Chancellor. The bill in this case was filed, September 19,1883, by Martha Hignite and another, against Needham Hignite and others, seeking partition of a certain tract of land which had descended to all the parties, complainants and defendants, as heirs of John Hignite, deceased.
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Appeal from the Chancery Court of Prentiss County. Hon. Baxter McFarland, Chancellor. The bill in this case was filed, September 19,1883, by Martha Hignite and another, against Needham Hignite and others, seeking partition of a certain tract of land which had descended to all the parties, complainants and defendants, as heirs of John Hignite, deceased. None of the defendants made any defense to the suit, except Needham Hignite, who answered claiming the entire tract of land by a possession adverse to the title descended from John Hignite, deceased. The proof shows that John Hignite died…
1Opinion of the CourtCooper, C. J.
The complainants should have had a decree for partition. There is no sufficient evidence of an adverse holding by the co-tenant in possession to put in operation the statute of limitations as against the others. True it is, that he bought the land, or took a deed therefor from the widow of the common ancestor, but there is no evidence that complainant had notice thereof or ever heard that he claimed to be the owner of the whole interest in the land. A tenant in common out of possession has a right to rely upon the possession of bis co-tenant as one held according to the title and for the…
2Cited by4 opinions
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