Legal Opinion

Welborn v. Anderson

Mississippi Supreme Court

Decided April 15, 1859PublishedCited by 9 opinions

ERROR to the Circuit Court of Jones county. Hon. William M. Hancock, judge. On the 31st of March, 1855, the defendant in error, Isaac Anderson, commenced this action of ejectment against the plaintiff in error, Joel E. Welborn, to recover possession of the northwest quarter of northeast quarter of section 3, township 7 north, of range 12 east, lying in Jones county. the defendant pleaded: 1st. The general issue. 2d.

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ERROR to the Circuit Court of Jones county. Hon. William M. Hancock, judge. On the 31st of March, 1855, the defendant in error, Isaac Anderson, commenced this action of ejectment against the plaintiff in error, Joel E. Welborn, to recover possession of the northwest quarter of northeast quarter of section 3, township 7 north, of range 12 east, lying in Jones county. the defendant pleaded: 1st. The general issue. 2d. That he, and those under whom he claimed, had been in the actual uninterrupted adverse possession of the premises, claiming title, under regular conveyance, for the period of ten…

1Opinion of the CourtSmith, C. J.

This suit was brought in the Circuit Court of Jones county, by the defendant in error, to recover the possession of a certain tract of land. The defendant pleaded first the general issue; second, that he and those under whom he claimed had been in the actual, adverse, and uninterrupted possession of the premises, claiming to be the owner of the same, under regular conveyances, for the period of ten years next before the commencement of the suit; and third, that the plaintiff’s right of action did not accrue within seven years next preceding the institution of the suit. The cause having been…

2Cases cited2 opinions

  1. Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
  2. Byrne v. MissouriSupreme Court of the United States · 1834

3Cited by9 opinions

  1. Mullan's Adm'r v. CarperWest Virginia Supreme Court · 1892
  2. Swann v. ThayerWest Virginia Supreme Court · 1892
  3. Kendrick v. LathamSupreme Court of Florida · 1889
  4. Levy v. CampbellMississippi Supreme Court · 1946
  5. Ball v. MartinMississippi Supreme Court · 1953

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