Fultz v. Peterson

Decided October 15, 1900

Mississippi Supreme Court · decided 1900-10-15

From the chancery court of Warren county. Hon. William C. Martin, Chancellor. Sophia Peterson and others, appellees, were the complainants in the court below; Fultz and Purnell, appellants, were defendants there. The controversy grew out of this state of facts: A Mrs. Thompson and another formerly owned the land in controversy, it being situate on an island in the Mississippi river, known as Belk’s island.

Cited by 4 later decisions — most recently October 1939

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1900-10-15

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Calhoon, J.,

¶1delivered the opinion of the court.

¶2The conclusion of the chancellor on the facts should not be disturbed in the main case, or on the report of the commissioner. We think the report of that officer shows nothing of which appellants can complain, but that they may congratulate themselves on the result. Code 1892, § 4230, cannot avail appellants. Klein v. McNamara, 54 Miss., 90; Runnels v. Jackson, 1 How. (Miss.), 358. Nor can code 1892, §4233, *132avail them, because in this case Peterson never parted with the possession of the land. While he was not personally in possession, he was by his tenant, who was known to be such by all parties. Heirmann v. Stricklin, 60 Miss., 234.

¶3Affirmed.