Lindenmayer v. Gunst
Mississippi Supreme Court
Lindenmayer v. Gunst, 70 Miss. 693 (Miss. 1893)
Campbell
Lindenmayer v. Gunst
Opinion of the Court
delivered the opinion of the court.
The judgment is correct. Payne acquired title by adverse possession for ten years. Section 2678, code of 1880 (§ 2748, code of 1892) has no application. It applies only where a cause of action accrues in this state, and the person against whom it has accrued goes from and resides out of the state. A non-resident may acquire title to land by adverse possession held for him by others. An action against the tenant would give the possession to the true owner, and prevent the, ripening of the possession into title.
The successful plaintiff had no right to rent for more than six years.
Affirmed.
Reference
- Full Case Name
- E. L. Lindenmayer v. Ralph Gunst
- Cited By
- 9 cases
- Status
- Published
- Syllabus
- 1. Adverse Possession. Non-resident. Limitation-. Code 1880, 12678. A non-resident may acquire title to land by adverse possession held for him by others for ten years. Absence from the state does .not prevent the running of the statute in his favor, since ejectment can be brought against the tenant. It is only where a right of action accrues m this state, and the person liable goes from and resides out of it, that ¡5 2678, code 1880, applies to prevent the period of such absence from being-counted. 2. Statute oe Limitations. Ejectment. Demand, for rent. The statute of limitations of six years applies to the demand for rents asserted by a plaintiff in ejectment.