Amite County v. Steen
Amite County v. Steen
Opinion of the Court
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.
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.”