Bowers v. Chambers
Mississippi Supreme Court
Error to the Circuit Court of Madison Couuty. Hon. W. B. Cunningham, Judge. Ejectment by E. J. Bowers against the defendants for a parcel of land in Madison County. Pleas by Chambers, the defendant, tenant, and E. Virden, his landlord, “ not guilty.” Jury, verdict and judgment for the defendants, and a motion by the plaintiff for a new trial overruled, and exception taken.
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Error to the Circuit Court of Madison Couuty. Hon. W. B. Cunningham, Judge. Ejectment by E. J. Bowers against the defendants for a parcel of land in Madison County. Pleas by Chambers, the defendant, tenant, and E. Virden, his landlord, “ not guilty.” Jury, verdict and judgment for the defendants, and a motion by the plaintiff for a new trial overruled, and exception taken. A special bill of exceptions was taken on the trial, which shows that the plaintiff offered in evidence, before the court and jury, the following conveyance: — “ State ok Mississippi, ] “ Madison County, j ss' “ I, R. J.…
1Opinion of the CourtCampbell, J.
This case presents the question whether a conveyance by a tax-collector, on the 8th January, 1872, in the precise form given by § 1700 of the Code, was properly rejected as evidence in ejectment, because of the want of a seal, scroll or any impression intended as a seal.
We answer that question in the negative. When the legislature has prescribed a form, it cannot be error to adopt it. “ In giving a form we must suppose every thing included which was intended to be required.” “ It was given expressly to prevent errors; it cannot therefore be error to follow it.” McIntyre v. White, 5 How.…
2Cited by18 opinions
- Diffie v. WhiteCourt of Appeals of Texas · 1916
- Illinois Central Railroad v. LeBlancMississippi Supreme Court · 1897
- Enochs v. MillerMississippi Supreme Court · 1882
- Hatchett v. ThompsonMississippi Supreme Court · 1936
- Goodbar & Co. v. DunnMississippi Supreme Court · 1884
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