Wisconsin Lumber Co. v. State ex rel. Gillespie
Mississippi Supreme Court
From tbe chancery court of Issaquena county. Hon. Emmett N. Thomas, Chancellor. The State, ex rel. James L. Gillespie, Land Commissioner, was complainant in the court below; the lumber company, appellant, was defendant there. From a decree overruling a demurrer to the bill of complaint, defendant appealed to the supreme court. The facts are stated in the opinion of the court. I. The patents, as issued, were, at most, voidable, '• and not void.
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From tbe chancery court of Issaquena county. Hon. Emmett N. Thomas, Chancellor. The State, ex rel. James L. Gillespie, Land Commissioner, was complainant in the court below; the lumber company, appellant, was defendant there. From a decree overruling a demurrer to the bill of complaint, defendant appealed to the supreme court. The facts are stated in the opinion of the court. I. The patents, as issued, were, at most, voidable, '• and not void. A patent is the highest evidence of title. United States v. Stone, 2 Wall. 525, 17 L. Ed. Y65, 767; United States v. Maxwell Land Grant Go., 121 U. S.…
1Opinion of the Court
Anderson, L,
delivered the opinion of the court.
This is a bill by the state, the appellee, on the relation of the land commissioner, against the Wisconsin Lumber Company, the appellant, to have declared void the claim of appellant to a large quantity of land iu Issaquena and Sharkey counties, and “escheat” the same to the state. Appellant demurred to the bill. The demurrer was overruled, from which decree appellant was granted this appeal to settle the principles of the cause.
The bill sets out substantially these facts: That in 1899 and 1900 H. B. Aden, W. G. Grubbs, and B. C. Johnson,…
2Cases cited4 opinions
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Ohio Life Insurance & Trust Co. v. DeboltSupreme Court of the United States · 1854
- ROWAN v. RunnelsSupreme Court of the United States · 1847
- Hall v. WellsMississippi Supreme Court · 1877
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