Johnson v. Futch
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. S. S. Calhook, Judge. In this ejectment by Thomas J. Futch for two hundred and forty acres of land and mesne profits, the defendant pleaded “not guilty,” with a claim for improvements on eighty acres of the land. The question of title was submitted to the court, which found for the plaintiff.
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Error to the Circuit Court of Hinds County. Hon. S. S. Calhook, Judge. In this ejectment by Thomas J. Futch for two hundred and forty acres of land and mesne profits, the defendant pleaded “not guilty,” with a claim for improvements on eighty acres of the land. The question of title was submitted to the court, which found for the plaintiff. The counter-claims for mesne profits and improvements were submitted to a jury, which assessed the former at five hundred, and the latter at five hundred and thirty dollars. The plaintiff, in open court, tendered the thirty dollars balance to the…
1Opinion of the CourtCampbell, J.
There is no error in the decision of the Circuit Court on the question of title to the land. The defendant below claimed under the same person from whom the plaintiff derived his title, and the plaintiff showed the better right. Indeed, the defendant showed none at all as against the plaintiff. True, he sought to show title derived from the State, which purchased the land when sold in 1876 for taxes accrued for the fiscal year 1875; but this deed conferred no title, both because it is not shown that the State purchased it, and because, if it *79did, it acquired no title, as the levy of county…
2Cases cited3 opinions
- Tatum v. McLellanMississippi Supreme Court · 1879
- Miller v. IngramMississippi Supreme Court · 1879
- Nixon v. PorterMississippi Supreme Court · 1860
3Cited by5 opinions
- Barrett v. Cedar Hill Consol. School Dist.Mississippi Supreme Court · 1920
- Wolfe v. MurphyMississippi Supreme Court · 1882
- Capital State Bank v. LewisMississippi Supreme Court · 1887
- Howard v. WaltersMississippi Supreme Court · 1882
- Pritchett v. HibblerMississippi Supreme Court · 1921