Schuler v. McGee
Mississippi Supreme Court
Appeal from circuit court of Warren county. Hon. E. L. Brien, Judge. Suit by Miranda V. Blake Schuler and others against W. H. McGee in ejectment. Judgment for the defendant, and the plaintiffs appeal. As to Adverse Possession.
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Appeal from circuit court of Warren county. Hon. E. L. Brien, Judge. Suit by Miranda V. Blake Schuler and others against W. H. McGee in ejectment. Judgment for the defendant, and the plaintiffs appeal. As to Adverse Possession. Section 3094, Code of 1906 (section 2458 Hemingway’s Code), provides: “Ten years’ actual adverse possession by any person claiming to be the owner for that time of any land, uninterruptedly continued for ten years by occupancy, descent, conveyance or otherwise, in whatever way such occupancy may have commenced or continued, shall vest in every actual occupant or…
1Opinion of the CourtEthridge, J.
The appellants brought a suit in ejectment against McGee for a strip of twenty-two acres of land described in the declaration. The defendant pleaded the statute of limitation, asserting title thereunder.
It is contended by the appellant that the defendant’s evidence is insufficient to show that he was in possession claiming title by adverse possession against the world.
There is undisputed proof that he was in possession of the land for a much longer period than ten years. The answers relied on by the appellant to sustain their contention that he was not claiming the land were as follows :
“Well,…
2Cases cited3 opinions
- Metcalfe v. McCutchenMississippi Supreme Court · 1882
- Jones v. GaddisMississippi Supreme Court · 1890
- Greer v. PickettMississippi Supreme Court · 1921
3Cited by6 opinions
- Daniels v. JordanMississippi Supreme Court · 1931
- Alexander v. HylandMississippi Supreme Court · 1952
- BD. OF ED. OF ITAWAMBA CTY. v. LoagueMississippi Supreme Court · 1981
- Evans v. HarrisonMississippi Supreme Court · 1922
- Bacot v. BristerMississippi Supreme Court · 1928
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