Legal Opinion

Hopper v. Overstreet

Mississippi Supreme Court

Decided October 15, 1901PublishedCited by 4 opinions

From the chancery court of Kemper county. . Hon. A-dam M. Byrd, Chancellor. Overstreet and others, appellees, were complainants in the court below; Hopper, appellant, was defendant there. Appel-lees, who were trustees of the Methodist Episcopal Church, South, filed this bill, seeking to cancel appellant’s claim to the lands described therein as a cloud upon the church’s title.

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From the chancery court of Kemper county. . Hon. A-dam M. Byrd, Chancellor. Overstreet and others, appellees, were complainants in the court below; Hopper, appellant, was defendant there. Appel-lees, who were trustees of the Methodist Episcopal Church, South, filed this bill, seeking to cancel appellant’s claim to the lands described therein as a cloud upon the church’s title. The bill alleges that the land was bought in 1853 or 1854, by the church, from James Watts, who made a, deed to its trustees, which was recorded, but which had been lost or destroyed, and that the records of the county…

1Opinion of the CourtCauhoon, J.

The title and possession of the property in controversy was once in one Woodson. The' defendant in the suit below himself admits that he had no sort of title unless by the statute of limitation of ten years. He says he had bought a piece of adjoining property from one Treadawray, and that when he bought Treadaway informed Mm that Woodson owned the property claimed in this suit, but that he did not think Woodson would ever disturb defendant if he took it. The Methodist church, through its trustees, filed its bill to cancel the claim of Hopper as a cloud upon its title, and it claimed the…

2Cases cited3 opinions

  1. McAllister v. CloptonMississippi Supreme Court · 1875
  2. Mead v. DayMississippi Supreme Court · 1876
  3. Cowen v. AlsopMississippi Supreme Court · 1875

3Cited by4 opinions

  1. State Highway Commission v. KnightMississippi Supreme Court · 1934
  2. Jones County Land Co. v. FoxMississippi Supreme Court · 1919
  3. Smith v. Federal Land BankMississippi Supreme Court · 1937
  4. Hinton v. MillsMississippi Supreme Court · 1919

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