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72 Miss. 567

Amite County v. Steen

Mississippi Supreme Court

Decided March 15, 1895

Mississippi Supreme Court · decided 1895-03-15

Fbom the chancery court of Amite county. HoN. Claude PiNtard, Chancellor. This is a bill filed under § 4147, code 1892, by Amite county against T. C. Steen to establish title to a certain tract of sixteenth section school lands.

Cited by 1 later decisions — most recently February 1927

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1895-03-15

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Campbell, Special J.,

¶1delivered the opinion of the court.

¶2The adverse possession of the sixteenth section for more than twenty-five years by the appellee and those under whom he claimed, under a claim of right, was primia facie evidence ' ‘ that the law authorizing the disposition of the land had been complied with and the lease or sale duly made.” Code 1892, § 4148.

¶3The proposition that the defendant who shows the adverse possession required to raise the presumption of a lease or sale duly made, in the long ago, must also show that a lease or sale was actually made, is not maintainable. Evidence of adverse possession, under claim of right or title, for twenty-five years, protects the title against successful assailment, unless it shall be shown that a lease or sale of the land was not duly made.

¶4Affirmed.

Woods, J., on account of sickness, took no part in this decision. J. A. P. Campbell, Esq., a member of the bar, was appointed and sat in his place in this and other cases.
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