Mississippi Supreme Court, 1895

Amite County v. Steen

Amite County v. Steen
Mississippi Supreme Court · Decided March 15, 1895 · Account, Appointed, Bar, Campbell, Cases, Esq, Place, Sickness, Took, Woods
72 Miss. 567

Amite County v. Steen

Opinion of the Court

Campbell, Special J.,

delivered the opinion of the court.

The 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.

The 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.

Affirmed.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.