Green v. Irving
Mississippi Supreme Court
Error to tbe Circuit Court of Hinds County. Hon. Geoeg-e F. Browh, Judge. contended, in an elaborate brief, tbat Irving’s abandonment was purely voluntary and matter of choice, tbat there was no eviction nor ouster, and nothing equivalent to either. At the time of the abandonment no adverse claim was asserted. There was no compulsion in law or fact. The State asserted no claim to the land. The first adverse claims asserted were the entries made after the abandonment.
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Error to tbe Circuit Court of Hinds County. Hon. Geoeg-e F. Browh, Judge. contended, in an elaborate brief, tbat Irving’s abandonment was purely voluntary and matter of choice, tbat there was no eviction nor ouster, and nothing equivalent to either. At the time of the abandonment no adverse claim was asserted. There was no compulsion in law or fact. The State asserted no claim to the land. The first adverse claims asserted were the entries made after the abandonment. The Statute of Limitations had run against all outstanding pretences of title. Upon such voluntary abandonment Irving cannot…
1Opinion of the CourtChalmers, J.
John P. Irving brought this suit against Joshua Green upon a covenant of general warranty, contained in the deed by which Green had conveyed two thousand and fifty acres of land situated in Attala County to Anderson and Irving, by whom it had been conveyed to the plaintiff. He had judgment in the court below for the purchase-money and interest; from which Green brought up the case, and assigns for error that the judgment should not have been for the whole amount of the purchase-money, but only for so much of it'as constituted the consideration of one hundred and sixty acres, from which…
2Cases cited15 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- McGary v. HastingsCalifornia Supreme Court · 1870
- Moore v. VailIllinois Supreme Court · 1855
- Clements v. AndersonMississippi Supreme Court · 1872
- Glenn v. ThistleMississippi Supreme Court · 1851
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3Cited by23 opinions
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- State v. Portsmouth Savings BankIndiana Supreme Court · 1886
- Schneider v. Lipscomb County National Farm Loan Ass'nTexas Supreme Court · 1947
- Howard v. ClantonMississippi Supreme Court · 1985
- Pevey v. JonesMississippi Supreme Court · 1893
18 more not listed; retrieve them via the Exa API.