Archer v. Helm
Mississippi Supreme Court
From the circuit court of Washington county. Hon. K,. W. Williamson, Judge. Helm, the appellee, brought ejectment against the appellant, Archer, to recover a narrow strip of land lying along the boundary line between their plantations. The controversy involves the correctness of the location of the boundary line between their lands.
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From the circuit court of Washington county. Hon. K,. W. Williamson, Judge. Helm, the appellee, brought ejectment against the appellant, Archer, to recover a narrow strip of land lying along the boundary line between their plantations. The controversy involves the correctness of the location of the boundary line between their lands. Each holds under conveyances which describe the land according to the government surveys, and the contention arises, not from any uncertainty of description, but as to the true locatiou of the section lines. It is unn'eeessary to set out the evidence relative to…
1Opinion of the Court
Cooper, J.,
delivered the opinion of the court.. There is much conflict in the authorities upon the question ■whether disputed and uncertain boundaries may be fixed by the parol agreement of coterminous proprietors. By some •courts it is held that such an agreement is substantially for the sale of lands, and required to be in writing by the statute of frauds. Others seem" to concede the application of the statute, but hold that where possession is taken under a parol agreement and continued for a long time, or is followed by ■valuable improvements, the other party is precluded by estoppel from…
2Cases cited3 opinions
- Wildey v. Bonney's LesseeMississippi Supreme Court · 1856
- City of Natchez v. VanderveldeMississippi Supreme Court · 1856
- Pipes v. BucknerMississippi Supreme Court · 1876
3Cited by2 opinions
- Brummell v. HarrisSupreme Court of Missouri · 1901
- Berry v. JonesMississippi Supreme Court · 1913