Minter v. Shirley
Mississippi Supreme Court
Error to the circuit court of Sunflower county. Cothran, J. The plaintiffs, as school trustees, brought ejectment for the sixteenth section in township No. 2. north of range 1 west, in Sunflower county, against the defendant, Adeline Shirley; and also for the mesne profits of the same. Defendant had occupied the land ever since 1844, claiming it under the title of Robert Jones.
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Error to the circuit court of Sunflower county. Cothran, J. The plaintiffs, as school trustees, brought ejectment for the sixteenth section in township No. 2. north of range 1 west, in Sunflower county, against the defendant, Adeline Shirley; and also for the mesne profits of the same. Defendant had occupied the land ever since 1844, claiming it under the title of Robert Jones. It is admitted that the land was unoccupied in 1833, ■when surveyed by the government, and no board of school trustees had been organized in said township until 1857. Robert Jones, mentioned in the “Dancing Rabbit…
1Opinion of the Court
SlMRALL, J. :
The very interesting subject presented in this case is, whether the sixteenth section was subject to location by an Indian reservation under the Dancing Rabbit Creek Treaty.
The defendants in error derive title through Robert Jones, who, under the second article of the treaty, was entitled to locate a section upon any “unoccupied and unimproved land.” The school trustees insist that the patent issued to the assignees of Jones is void, because congress had dedicated the sixteenth section for the promotion of schools and education in the township, and, therefore, it must not be…
2Cases cited4 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Mitchel and Others v. United StatesSupreme Court of the United States · 1835
- Cooper v. RobertsSupreme Court of the United States · 1856
- Jones v. FinchMississippi Supreme Court · 1859
3Cited by2 opinions
- Tubby v. StateMississippi Supreme Court · 1976
- Jones v. ShermanMississippi Supreme Court · 1879