Legal Opinion

Root v. McFerrin

Mississippi Supreme Court

Decided April 15, 1859PublishedCited by 23 opinions

ERROR to the Circuit Court of Marshall county; Hon. P. T. Scruggs, judge. Both the plaintiffs and defendants prosecuted a writ of error to the judgment in this cause. This was an action of ejectment by the heirs of James A. Boot against McFerrin, to recover possession of Section 25, Township 1, Range 4 west, situated in Marshall county.

Read the full summary

ERROR to the Circuit Court of Marshall county; Hon. P. T. Scruggs, judge. Both the plaintiffs and defendants prosecuted a writ of error to the judgment in this cause. This was an action of ejectment by the heirs of James A. Boot against McFerrin, to recover possession of Section 25, Township 1, Range 4 west, situated in Marshall county. The defendants pleaded the general issue, with notice of a claim for the value of the improvements made on the locus in quo, before the action was commenced. Aaron Root, under whom both parties claim, died seised of the said premises, September 20th, 1838; the…

1Opinion of the CourtHarris, J.

This writ of error is prosecuted here by both parties.

The plaintiffs in error commenced their action of ejectment in the Circuit Court, to recover of the defendant the land in controversy, claiming title to it as the heirs at law of Aaron Root, deceased, their father, who died seised thereof. Prom the record, it appears that Benjamin C. Anderson, as his administrator, sold the land in controversy, on the 5th of October, 1840 ; that the purchaser took possession, under his purchase, immediately, and he and those claiming under him have held the same ever since; and that defendant claims title…

2Cases cited19 opinions

  1. Cason v. CasonMississippi Supreme Court · 1856
  2. Lee v. GardinerMississippi Supreme Court · 1853
  3. Jordan v. M'KenzieMississippi Supreme Court · 1855
  4. Henderson v. WinchesterMississippi Supreme Court · 1856
  5. White v. JohnsonMississippi Supreme Court · 1851

14 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Hamner v. Yazoo Delta Lumber Co.Mississippi Supreme Court · 1911
  2. Learned v. CorleyMississippi Supreme Court · 1871
  3. Harrington v. WoffordMississippi Supreme Court · 1871
  4. Hollman v. BennetMississippi Supreme Court · 1870
  5. Bolivar County v. ColemanMississippi Supreme Court · 1894

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API