Legal Opinion

Shelton v. Keirn

Mississippi Supreme Court

Decided April 15, 1871PublishedCited by 1 opinion

Ekbor to tbe circuit court of Holmes county. Campbell, J. The facts appear iu tbe opinion of the court. Cited act of congress, April 20, 1832, 6 U. S. Stat., p. 484; 1 Brightley’s Dig. 462, § 1; ib., §§ 3 and 4; ib., § 8; ib., § 28, p. 465'; the treaty at Dancing Babbit Creek, between the Choctaws and the United States, art. 19; Hutch. Miss.

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Ekbor to tbe circuit court of Holmes county. Campbell, J. The facts appear iu tbe opinion of the court. Cited act of congress, April 20, 1832, 6 U. S. Stat., p. 484; 1 Brightley’s Dig. 462, § 1; ib., §§ 3 and 4; ib., § 8; ib., § 28, p. 465'; the treaty at Dancing Babbit Creek, between the Choctaws and the United States, art. 19; Hutch. Miss. Code, p. 125 ; the pre-emption act of 1833; 1 Brightley’s Dig., p. 526, § 382; ib. 464, § 41; ib. 465, § 42; 3 Washb. on Beal Prop. 526-530, and authorities there cited; 5 How. 757. Cited Pulton, etc., v. McAfee, 5 How. (Miss.); 7 Smedes & Marsh. 780; act…

1Opinion of the Court

Peyton, C. J.:

This was an action of ejectment brought by David Shelton, in the circuit court of Holmes county, against Walter L. Keirn, to recover certain land in said county.

The plaintiff’s title is founded on an ordinary entry of the land in controversy, under the act of congress of the 24th of April, 1820, and a patent therefor from the United States, bearing date the 10th day of August, 1859.

The defendant’s title rests on a patent certificate issued to Joseph McAfee, by the register of the land office at Mount Salus, as assignee of Jefferson College, on the 16th day of August, 1834, under…

2Cases cited4 opinions

  1. Lindsey v. HawesSupreme Court of the United States · 1863
  2. Jones v. McMasters Ex Rel. YbarbaSupreme Court of the United States · 1858
  3. Cunningham v. AshleySupreme Court of the United States · 1853
  4. Verden v. ColemanSupreme Court of the United States · 1860

3Cited by1 opinion

  1. Land v. KeirnMississippi Supreme Court · 1876

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