H. Hiller & Co. v. Jones
Mississippi Supreme Court
From the circuit court of Franklin county. Hon. Ealph North, Judge. This was an ejectment suit by appellee against appellants. The evidence in reference to the titles is sufficiently stated in the opinion.
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From the circuit court of Franklin county. Hon. Ealph North, Judge. This was an ejectment suit by appellee against appellants. The evidence in reference to the titles is sufficiently stated in the opinion. The court in effect instructed the jury on behalf of the plaintiff that she could recover the premises, by virtue of her prior un-. recorded deed, as against the defendants who claim under subsequent recorded deeds from the same vendor, because the defendants failed to show that they had no notice of plaintiff’s deed. The defendants introduced no evidence of their want of notice of the…
1Opinion of the CourtCampbell, J.
The plaintiff sought to recover the land, by virtue of an unrecorded deed from Henry Melton to her ancestor, made in 1860, and followed by possession by him, under the deed. The defend*639ants claimed the land under a chain of title from Henry Melton, consisting of a deed from him to Arnold, in 1869, and from Arnold to Anderson, in 1871, and from Anderson to defendants. These deeds were severally recorded, as required by law, and each contains a statement of a pecuniary consideration, on which it is made. There was evidence that the ancestor of the plaintiff died in 1862, and that his widow and…
2Cases cited4 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Jackson, ex dem. Rounds v. M'ChesneyNew York Supreme Court · 1827
- Hoyt v. JonesWisconsin Supreme Court · 1872
- Lacustrine Fertilizer Co. v. Lake Guano & Fertilizer Co.New York Court of Appeals · 1880
3Cited by15 opinions
- McDonald v. DabneySupreme Court of Georgia · 1926
- Hull v. DiehlMontana Supreme Court · 1898
- Anderson v. ColeSupreme Court of Missouri · 1911
- Burks v. MoodyMississippi Supreme Court · 1926
- Mills v. Damson Oil Corp.Court of Appeals for the Fifth Circuit · 1982
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