Madison County v. Powell

Decided October 15, 1893

Mississippi Supreme Court · decided 1893-10-15

Prom the chancery court of Madison county. Hon. H. C. Conn, Chancellor. Bill by Madison county against appellee to recover certain sixteenth section school-lands, or, failing in this, to enforce upon it a lien for purchase-money. The land was leased in 1853 to 'W. Q-. Kearney for a term of ninety-nine years, and notes taken for the purchase-price, these, under the statute then in force, being a lien on the land.

Cited by 1 later decisions — most recently March 1951

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Defendant demurred to the bill, and, from a decree… · Decided 1893-10-15

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Campbell, C. J.,

¶1delivered the opinion of the court.

¶2The debt was loug since barred,'and the lien given by law to secure it was lost upon the completion of the bar of the debt. Code of 1892, §§ 2733, 2762. The fact that the debt was to the sixteenth section fund makes no difference. Time ran against trustees, county officials and counties until the bar was complete. Money v. Miller, 13 Smed. & M., 531; Brown v. Supervisors, 54 Miss., 230; Clements v. Anderson, 46 Ib., 581. This has long been settled in this state, and we will not unsettle it.

¶3Affirmed.