Legal Opinion

Magee v. Magee

Mississippi Supreme Court

Decided April 15, 1859PublishedCited by 18 opinions

ERROR to the Circuit Court of Marion county. Hon. John E. McNair, judge. This was an action of ejectment, instituted by Jackey Magee, on the 20th day of September, A. D. 1855, against Leonard Magee the son, and Rebecca Magee, the widow of Fleet Magee, deceased, to recover nine and acres of land, situate in Marion county. The defendants pleaded the general issue, and the Statute of Limitations, of seven and ten years.

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ERROR to the Circuit Court of Marion county. Hon. John E. McNair, judge. This was an action of ejectment, instituted by Jackey Magee, on the 20th day of September, A. D. 1855, against Leonard Magee the son, and Rebecca Magee, the widow of Fleet Magee, deceased, to recover nine and acres of land, situate in Marion county. The defendants pleaded the general issue, and the Statute of Limitations, of seven and ten years. On the trial, in September, 1857, the plaintiff introduced in evidence a patent to him from the U. S. (dated in 1827), for the northwest quarter of section four, township one,…

1Opinion of the CourtSmith, C. J.

This was an action brought in the Circuit Court of Marion county, by Jackey Magee against Leonard and Rebecca Magee, to recover a certain tract of land situated in said county.

The suit was instituted on the 20th of September, 1855; and the plaintiff claimed under a patent issued to him by the Government of the United States on the 10th of April, 1827. He had many years previously purchased the land by entry at the land office. The defendants based their defence to the action exclu*150sively upon the Statute of Limitations of seven years, then in force ; and upon an alleged actual adverse…

2Cases cited1 opinion

  1. Ricard v. WilliamsSupreme Court of the United States · 1822

3Cited by18 opinions

  1. Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
  2. Tennessee Coal, Iron & Railroad v. LinnSupreme Court of Alabama · 1898
  3. Davis v. BowmarMississippi Supreme Court · 1878
  4. Hunnewell v. BurchettSupreme Court of Missouri · 1899
  5. Apperson v. WhiteCourt of Appeals of Mississippi · 2007

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