Dingey v. Paxton
Mississippi Supreme Court
Appeal from the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. Martha L. Dingey and others brought this action of ejectment, on November 26, 1880, to recover of A. J. Paxton, the possession of a certain tract of land. On the trial, the plaintiffs introduced in evidence a deed from Hewett, Norton & Co., dated October 7, 1869, which for aval uable consideration conveyed to H. C. Dingey the land in controversy.
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Appeal from the Circuit Court of Washington County. Hon. B. F. Trimble, Judge. Martha L. Dingey and others brought this action of ejectment, on November 26, 1880, to recover of A. J. Paxton, the possession of a certain tract of land. On the trial, the plaintiffs introduced in evidence a deed from Hewett, Norton & Co., dated October 7, 1869, which for aval uable consideration conveyed to H. C. Dingey the land in controversy. They then proved that they were the heirs of H. C. Dingey, and that he died 1873 in possession of the land. The defendant then introduced in evidence the list of lands…
1Opinion of the CourtCooper, J.
The possession of the locus in quo by the ancestor of the plaintiffs under claim of title, is prima facie evidence of a seisin in fee, and is sufficient to enable them to recover against a mere intruder or one claiming under a title shown to be void. Epsey v. Lane, 2 Serg. & R. 53 ; Jackson v. Murray, 5 Cow. 200; Smith v. Lorillard, 10 Johns. 338; Jackson v. Hargen, 2 Johns. 22 ; Weidman v. Hubbell, 1 Cow. 613 ; Lum v. Reed, 53 Miss. 72; Hicks v. Steigleman, 49 Miss. 377 ; Kerr v. Farish, 52 Miss. 101; Johnson v. Futch, 51 Miss. 73.
The lands on the original assessment-rolls were listed to the…
2Cases cited22 opinions
- Groesbeck v. SeeleyMichigan Supreme Court · 1865
- Eldridge v. KuehlSupreme Court of Iowa · 1869
- Newland v. MarshIllinois Supreme Court · 1857
- Baker v. KelleySupreme Court of Minnesota · 1866
- Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
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3Cited by44 opinions
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- Martin v. WhiteOregon Supreme Court · 1909
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