Legal Opinion

Wilson v. Naylor

Mississippi Supreme Court

Decided October 15, 1917PublishedCited by 1 opinion

Appeal from the circuit court of Hinds county. Hon. W. H. Potter, Judge. Mandamus by N. B. Naylor to require Bobt. Wilson, State Auditor, to issue a warrant refunding the purchase money for certain land. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

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Appeal from the circuit court of Hinds county. Hon. W. H. Potter, Judge. Mandamus by N. B. Naylor to require Bobt. Wilson, State Auditor, to issue a warrant refunding the purchase money for certain land. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The patent was canceled under the provisions of section 2947 of the Code of 1906.' In the case at bar the patent was issued in 1900 and the application was made to the Land Commissioner in May, 1917, seventeen years after the issuance of the patent. The state’s contention is that appellee…

1Opinion of the CourtStevens, J.

Appellee filed a mandamus suit against the state auditor to require the issuance of a warrant refunding the *580purchase money for certain land purchased from the state. It. appears that one W. T. Keeton purchased eighty acres of land from the state in March 1900, and received a patent therefor. In 1905 appellee purchased the land from Keeton and in May, 1917, appellee requested the land commissioner to investigate and cancel the state’s title to said land because it appeared that the title was in the United States government. The land commissioner investigated the title, referred the matter to…

2Cases cited4 opinions

  1. Pevey v. JonesMississippi Supreme Court · 1893
  2. State ex rel. Babcock v. County of ChisagoSupreme Court of Minnesota · 1911
  3. Swing v. BristerMississippi Supreme Court · 1905
  4. Brown Land Commissioners v. FordMississippi Supreme Court · 1916

3Cited by1 opinion

  1. State v. Southern Pine Co.Mississippi Supreme Court · 1949

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