Black v. Washington
Mississippi Supreme Court
Appeal from the Chancery Court of Noxubee County. Hon. E. A. Critz, Chancellor. W. P. Washington and others exhibited their bill against Charles E. Black and others, to have certain lands partitioned.
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Appeal from the Chancery Court of Noxubee County. Hon. E. A. Critz, Chancellor. W. P. Washington and others exhibited their bill against Charles E. Black and others, to have certain lands partitioned. The bill, among many other things, alleged that C. E. Black and Hannah Mallory were then, and had been in possession, of the lands for a number of years, and that they derived their title under and through a certain deed made in 1852 by Durant H. Davis-, who claimed the lands in question. The defendant, Black, answered, setting up-title by adverse possession. The Chancellor found the facts as…
1Opinion of the CourtCampbell, J.
We are not willing to disturb the finding of the chancellor •on the facts as to the dispute about adverse possession by Davis.
The objection not taken in the lower court, but made for •the first time here, that this bill is iii effect an action of ejectment (inasmuch as the complainants had neither actual or constructive possession of the land, all of which was held adversely •to them by the appellant), however effective it might have been if made in a proper manner in the chancery court, is not available here. It was waived by the silence of appellant when he might have made it.
The…
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