Legal Opinion

Harper v. Tapley

Mississippi Supreme Court

Decided October 15, 1858PublishedCited by 12 opinions

ERROR to the Circuit Court of Rankin county. Hon. John Watts, judge. On the 9th of May, A.D. 1855, the plaintiffs in error brought an action of ejectment, against the defendants in error, to recover possession of a certain tract of land, situated in Rankin county. The defendants pleaded the Statute of Limitations of seven and ten years.

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ERROR to the Circuit Court of Rankin county. Hon. John Watts, judge. On the 9th of May, A.D. 1855, the plaintiffs in error brought an action of ejectment, against the defendants in error, to recover possession of a certain tract of land, situated in Rankin county. The defendants pleaded the Statute of Limitations of seven and ten years. On the trial, the plaintiffs proved that the land had been entered by one John Holland, from the United States, and that, on the 1st day of May, 1848, a judgment was rendered, in the Circuit Court of Rankin county, in favor of one Montgomery, against Holland,…

1Opinion of the CourtHandy, J.

This was .an action at law, for the recovery of possession of a tract of land, lying in Rankin county, from the defendants in error.

Roth parties claimed title under John Holland; and the plaintiffs, in support of their title, showed a judgment, rendered in Rankin Circuit Court, on the 1st May, 1848, enrolled on the 5th May, 1848, in favor of one Montgomery against John Holland, and an execution thereon, under which the land was sold to them, on the 21st May, 1849, and a regular deed of conveyance executed to them by the sheriff. The suit was instituted on the 9th May, 1855.

The defendants…

2Cases cited2 opinions

  1. Hanna v. RenfroMississippi Supreme Court · 1856
  2. Henderson v. DowningCourt of Appeals of Mississippi · 1852

3Cited by12 opinions

  1. McCaughn v. YoungMississippi Supreme Court · 1904
  2. Jones v. StateMississippi Supreme Court · 1913
  3. Ballard v. HansenNebraska Supreme Court · 1892
  4. Gary v. WoodhamSupreme Court of Alabama · 1893
  5. Wilson v. Williams' HeirsMississippi Supreme Court · 1876

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