Public-domain · open source
OpenJurist

66 Miss. 613

Morgan v. Schwartz

Mississippi Supreme Court

Decided April 15, 1889

Mississippi Supreme Court · decided 1889-04-15

From the circuit court of Wilkinson county. Hon. Ralph North, Judge. Ejectment by appellee against appellants. The land in controversy is described in the declaration as “ The southwest part, part in south part Spanish claim, Sec. 30, Township 1, Range 3 west, containing 261.25 acres.” The plaintiff introduced the list of land sold to the state in 1876 for the taxes of 1875, and the state’s deed to him in 1888. .

Cited by 1 later decisions — most recently April 1909

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-04-15

View the full empirical analysis of this case →

Campbell, J.,

¶1delivered the opinion of the court.

¶2The evidence of the plaintiff should have been excluded because of the uncertainty in the description of the land.

¶3With an earnest desire to uphold every instrument as far as may be consistent with law we are unable to affirm that “ S. W. P. P. in S. P. Spanish claim, Sec. 30, T. 1, R. 3, W. 261.25 acres,” even when written as in plaintiff’s declaration, “the southwest part, part in south part Spanish claim, Section 30, Township 1, Range 3, west,” conveys any definite idea of any particular land or furnishes any clue by which one could find the way to it, if guided by this description. The description in the list of lands sold to the state as “ Part in south part Spanish claim 509.28 acres, Sec. 30, T. 1, R. 3, west ” without more is incurably void.

¶4Reversed and remanded.

/66/miss/613 · .json · Public domain