Alexander v. Polk
Mississippi Supreme Court
Error to the Circuit Court of Bolivar county. Hon. H. H. Miller, Esq., presiding as special judge. This was an action of ejectment commenced on the 13th October, 1856, by A. H. Polk, the defendant in error, against Amos A. Alexander, for the recovery of six hundred and forty acres of land situated in said county. Pleas, general denial, and Statute of Limitations, with notice of a claim for the value of improvements made by defendant on the locus in quo.
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Error to the Circuit Court of Bolivar county. Hon. H. H. Miller, Esq., presiding as special judge. This was an action of ejectment commenced on the 13th October, 1856, by A. H. Polk, the defendant in error, against Amos A. Alexander, for the recovery of six hundred and forty acres of land situated in said county. Pleas, general denial, and Statute of Limitations, with notice of a claim for the value of improvements made by defendant on the locus in quo. On the trial it was proven that the locus in quo was entered by Magnus T. Eogers from the United States government, on the 15th October,…
1Opinion of the CourtHarris, J.
The first error assigned is, that the court erred in ruling out the deed from Bogers to Hamilton. 1st, it was properly ruled out, as a deed, because there was no seal or scroll attached to it; and, 2d, it was properly rejected, as a contract, because there was no proof of its execution.
The second ground of error relied on is, that the court erred in overruling the motion to exclude the deed from sheriff Patterson to Galloway.
This motion in the court lelow was founded on the assumption that Patterson was not legally sheriff, and his acts as such officer were void, because the oath of office…
2Cases cited3 opinions
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Jackson ex dem. Bonnell v. SharpNew York Supreme Court · 1812
- Loftin v. StateMississippi Supreme Court · 1872
3Cited by17 opinions
- McCaughn v. YoungMississippi Supreme Court · 1904
- Flesher v. CallahanSupreme Court of Oklahoma · 1912
- Ringo v. WoodruffSupreme Court of Arkansas · 1884
- Dead River Fishing & Hunting Club v. StovallMississippi Supreme Court · 1927
- PATTERSON v. HarrisMississippi Supreme Court · 1960
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