Montgomery v. Doe on the demise of Ives
Mississippi Supreme Court
In error from the circuit court of Wilkinson county; Hon. Stanhope Posey, judge. On the 21st of March, 1841, John Doe, on the demise of John Ives, and Mary his wife, Matthias Overman and Sarah E. his wife, Charles Horton and Elizabeth his wife, Joseph Foxwell and Jane his wife, Wm. H. Roach, Littlebury A. Roach, John H. Roach, Louisa Roach, Levisa Roach, Mary Ann White and Elizabeth White, Thos.
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In error from the circuit court of Wilkinson county; Hon. Stanhope Posey, judge. On the 21st of March, 1841, John Doe, on the demise of John Ives, and Mary his wife, Matthias Overman and Sarah E. his wife, Charles Horton and Elizabeth his wife, Joseph Foxwell and Jane his wife, Wm. H. Roach, Littlebury A. Roach, John H. Roach, Louisa Roach, Levisa Roach, Mary Ann White and Elizabeth White, Thos. L. and Eliza White, sued in ejectment for five hundred acres of land, “including the town of Rodney, and all the lands, tenements and hereditaments in section number five, in township ten, range one,…
1Opinion of the CourtJustice Clayton
delivered the following opinion.
This is an action of ejectment to recover land in the county of Jefferson, on which the town of Rodney is situated. The plaintiffs in the court below claim title under a grant made by the British governor of West Florida, on the 11th of February, 1772, which was confirmed by the board of commissioners on the 11th of July, 1805. The defendants claim under a grant from the Spanish government, bearing date 20th of March, 1795, and which was likewise confirmed by the board of commissioners, the 5th of June, 1805. In the circuit court there was a verdict with…
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