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35 Miss. 244

Magee v. Keegan

Mississippi Supreme Court

Decided April 15, 1858

Mississippi Supreme Court · decided 1858-04-15

. Appeal from the Chancery Court of Pike county. Hon. John E. McNair, chancellor. On the 7th day of August, A.D. 1857, the appellant filed his bill against James Keegan, and Eliza Elizabeth Keegan, his wife, and William Ellyry, to recover certain slaves.

Cited by 2 later decisions — most recently April 1979

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-04-15

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Eisheu, J.,

¶1delivered the opinion of the court.

¶2This case may be made to turn on a single point. The complainant, having qualified in 1848, as guardian of his infant daughter, returned an inventory of the property, now claimed by him, as the *246property of bis ward. It appears from the bill that he so continued to recognize the title of his ward, until about the.year 1856, when he discovered that he had a life estate in the slaves, for which he now sues. He was fully informed as to the facts, and could have known his title, if he had called on counsel to apply the law to the facts as they existed, instead of trusting to his own judgment; and having treated the slaves for a period of about eight years as the property of his ward, he must be regarded as having surrendered whatever claim he could at one time have asserted.

¶3The Statute of Limitations vests in the ward a good title as against the guardian.

¶4Decree affirmed.

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