Newman v. Foster's Heirs
Mississippi Supreme Court
THIS was an action of ejectment, commenced by the appellant in the circuit court of Claiborne county. The land claimed by the appellant, is fractional section 68, in township 11, range 3, east. This was sold by the United States to Simeon Newman, under whom Sally Newman claims title, as is evidenced by the final certificate of the register of the land office. Plis title to this section is not controverted.
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THIS was an action of ejectment, commenced by the appellant in the circuit court of Claiborne county. The land claimed by the appellant, is fractional section 68, in township 11, range 3, east. This was sold by the United States to Simeon Newman, under whom Sally Newman claims title, as is evidenced by the final certificate of the register of the land office. Plis title to this section is not controverted. Gibeon Foster, the immediate ancestor of the appellees, claimed an undisputed title to fractional section 70, in the same township. These sections lie adjoining, and the present…
1Opinion of the CourtJustice Trotter
That the plaintiff in ejectment is entitled to recover upon full proof of title, and an adverse possession by the defendant, at the *388time of commencing the suit is a legal proposition not susceptiblé of controversy. It is not every refusal, however, to state legal principles to a jury, however clear in themselves as abstract doctrines of the law, which will be decided to be error. It is sometimes very hazardous to lay general principles of law before the jury, where they cannot be directly applied to the facts in proof. It has been uniformly decided, therefore, that it is not error in the…
2Cases cited1 opinion
- Orear v. TannerCourt of Appeals of Kentucky · 1808