Amite County v. Steen

Mississippi Supreme Court
Amite County v. Steen, 72 Miss. 567 (Miss. 1895)
Account, Appointed, Bar, Campbell, Cases, Esq, Place, Sickness, Took, Woods

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.

Reference

Full Case Name
Amite County v. T. C. Steen
Cited By
2 cases
Status
Published
Syllabus
Sixteenth SbctioN. Adverse possession. Presumption. Code 1893, $ 4148. It is not incumbent on one who shows adverse possession of sixteenth section school lands for a period of twenty-five years, tinder a claim of right or title, to show, in addition, that a lease or sale thereof had, in fact, been made, for, under l 4148, code 1893, such adverse possession for that period is “prima, facie evidence that the law authorizing the disposition of the lands had been complied with, and the lease or sale duly made.”