State ex rel. Nall v. Williams
Mississippi Supreme Court
Appeal from the chancery court of Warren county. Hon. E. N. Thomas, Chancellor. -This was a proceeding by the state of Mississippi on the relation of E. H. Nall, land commissioner, against J. W. Williams et al. to escheat land. From a decree dismissing the petition, the state appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Warren county. Hon. E. N. Thomas, Chancellor. -This was a proceeding by the state of Mississippi on the relation of E. H. Nall, land commissioner, against J. W. Williams et al. to escheat land. From a decree dismissing the petition, the state appeals. The facts are fully stated in the opinion of the court. The proposition of law, which the appellant was required to meet, is this: The law presumes that a decedent left heirs .capable of inheriting, and it is incumbent upon the state to rebut this presumption by proof.” Escheats, 16 Cyc. 555. The burden upon…
1Opinion of the Court
Mayes, .C. J.,
delivered the opinion of the court.'
In this • case we feel safe in saying that the record shows, almost beyond dispute, that Miles P. Bristol, Jr., died some time prior to December, 1865; that at the time of his.death he was the owner, of the land in controversy by inheritance from his father; that when he died he was intestate. Prom 1865 to the present time J. W. Williams and those claiming through him have claimed to be .the owners of this property, have held open, notorious, continuous, adverse possession, exercising all the acts of ownership, and making many and. very…
2Cases cited5 opinions
- University of North Carolina v. HarrisonSupreme Court of North Carolina · 1884
- Harvey v. ThorntonIllinois Supreme Court · 1852
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- Blomquest v. GardnerMississippi Supreme Court · 1909
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