Penick v. Floyd Willis Cotton Co.
Mississippi Supreme Court
Appeal from the chancery court of Yázoo county. HoN. O. B. Taylor, Chancellor. Bill by the Floyd Willis Cotton Company against John Penick and others. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court. It is axiomatic that complainant, seeking to confirm his title, must show perfect title. We submit that complainant has not done so in this case.
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Appeal from the chancery court of Yázoo county. HoN. O. B. Taylor, Chancellor. Bill by the Floyd Willis Cotton Company against John Penick and others. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court. It is axiomatic that complainant, seeking to confirm his title, must show perfect title. We submit that complainant has not done so in this case. There is no allegation in the hill that the land in controversy is swamp and overflow land and no proof was offered to that effect. Under the Act of Congress granting to the state swamp and…
1Opinion of the CourtSteveNS, J.
Appellee, Floyd Willis Cotton Company, exhibited its bill of complaint in the chancery court of Yazoo county against appellants to confirm its title to the North half of Northwest quarter of Northwest quarter, section 6, township 12, range 3 West. A companion suit was filed by appellees against T. H. Campbell et al. as to the South half of said forty acres. It is agreed that the last-named suit is to be submitted upon briefs filed in this cause, No. 20623 on the docket of this court.
Complainant deraigned title as follows: United States to the state of Mississippi, under the act of 1850…
2Cases cited5 opinions
- Hamner v. Yazoo Delta Lumber Co.Mississippi Supreme Court · 1911
- Leavenworth v. ReevesMississippi Supreme Court · 1914
- Hoskins v. Illinois Central RailroadMississippi Supreme Court · 1901
- Willoughby v. CastonMississippi Supreme Court · 1916
- Dees v. KingmanMississippi Supreme Court · 1918