Martin v. Nash
Mississippi Supreme Court
In error from the Chancery side of the Circuit Court of Attala county. Hon. E. Gr. Henry, judge. A full statement of the case will be found in the opinion of the court. Referring to the elaborate brief of Mr. Huntington, for the general argument of the cause, I shall notice but a point taken for defendant in error.
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In error from the Chancery side of the Circuit Court of Attala county. Hon. E. Gr. Henry, judge. A full statement of the case will be found in the opinion of the court. Referring to the elaborate brief of Mr. Huntington, for the general argument of the cause, I shall notice but a point taken for defendant in error. It is assumed that certificates of entry are assignable under our statute, (Code 858;) and that, registration not being required, the assignee will hold against a bona fide purchaser from the enterer. I deny these propositions. • ■ There is no enactment making such certificates…
1Opinion of the CourtHandy, J.
The material facts of this case appear to' ontneRy December, 1885, Orsamus L. Nash, entere® theN^J^J^ij^ versy at the United States Land Office, at Crabmfous, m this .§j#te, and in the year 1837, he made an assignment or^tfi&^^Sficate at the Land Office, to Ezekiel Nash, and by written transfer and delivery of the original certificate, under his hand and seal, to Ezekiel Nash, who afterwards conveyed the land to Stephen E. Nash. The certificate and assignment were not registered in the Probate Clerk’s Office of the county, where the land lies; and in March, 1838, a judgment was rendered…
2Cases cited1 opinion
- Lindsey v. HendersonMississippi Supreme Court · 1854
3Cited by2 opinions
- Johnson v. DavisMississippi Supreme Court · 1907
- Macrae v. GoodbarMississippi Supreme Court · 1902