Enochs v. Miller
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. S. S. CalhooN, Judge. This action of ejectment was brought by E. A. Enochs against Abner T. Miller and Eliza Miller, to recover a tract of land, described in the declaration and in the deeds adduced in evidence to support the plaintiff’s title, as “ one hundred and seven acres in the south part of south-east quarter of section twenty-two, township three, range two west, in the county of Hinds, and State of Mississippi.”
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Appeal from the Circuit Court of Hinds County. Hon. S. S. CalhooN, Judge. This action of ejectment was brought by E. A. Enochs against Abner T. Miller and Eliza Miller, to recover a tract of land, described in the declaration and in the deeds adduced in evidence to support the plaintiff’s title, as “ one hundred and seven acres in the south part of south-east quarter of section twenty-two, township three, range two west, in the county of Hinds, and State of Mississippi.” The defendants, on the trial, objected to the admission in evidence of the deeds containing this description of the land,…
1Opinion of the CourtChalmers, J.
The deed ivas not void for uncertainty. Land described as a specified number of acres of the south, or north, or east,- or west part of a particular section, or legal subdivision of a section, is perfectly well described, and there is not the slightest difficulty in laying it off, as has been at least twice decided by this court. Bowers v. Chambers, 53 Miss. 259; McCready v. Langsdale, 58 Miss. 879.
Where a sale in pais is made by a trustee under an instrument conferring a power of sale upon him under certain prescribed terms and conditions, a substantial compliance with the mode, manner, and…
2Cases cited4 opinions
- Bowers v. ChambersMississippi Supreme Court · 1876
- Graham v. FittsMississippi Supreme Court · 1876
- Wightman v. Doe ex dem. ReynoldsCourt of Appeals of Mississippi · 1852
- Wade v. ThompsonMississippi Supreme Court · 1876
3Cited by14 opinions
- Robinson v. PierceSupreme Court of Alabama · 1897
- Stephens v. ClaySupreme Court of Colorado · 1892
- Campbell ex rel. Estate of Campbell v. CarruthSupreme Court of Florida · 1893
- Diffie v. WhiteCourt of Appeals of Texas · 1916
- Illinois Central Railroad v. LeBlancMississippi Supreme Court · 1897
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