Bynum v. Stinson

Mississippi Supreme Court
Bynum v. Stinson, 81 Miss. 25 (Miss. 1902)
Galhoon

Bynum v. Stinson

Opinion of the Court

Galhoon, J.,

delivered the opinion of the court.

The description of the premises set out in the bill is good enough. True, it begins “About two and one-half acres lying,” etc., but this general language can be made certain by resort to the boundaries. The bill states them. It refers to the land as lying in the southwest one-quarter of a specified quarter section, and bounds it by W. H. Stinson’s line on the south, the Mer ridian and Enterprise public road on the east, complainant’s land on the west, and by defendant’s fence on the north. Because the bill elsewhere, in setting forth defendant’s motives, states that the “stock law,-or no-fence law,” was in Operation in the community, it does not follow that there was not fences there. No doubt there are fences in every stock law district. Such laws’have never yet prohibited fences.

• Where a pleading predicates right of prescription by adverse possession pursuant to an exchange of parcels of land by parol, neither record, title, nor written agreement of exchange need be shown. It is only necessary to aver the exchange and subsequent adverse possession for the ten years’ period of limitation.

Adverse possession is sufficiently averred in this bill. It is true it says, in one place that the complainant’s adverse holding has been for “about fifteen years,” but, if this were insufficient, still, in another place, it is distinctly averred that the land ex*31changed was “received from defendant fifteen years ago.” This means more than ten years, and we cannot hold, according to obsolete léarning, that the pleader must actually say ten years, on the idea that, while to say fifteen years is an infallible argument, that it is more than ten years, nevertheless it is not» a sufficient averment that it was more than ten years.

The. other averments as to adverse possession are these: “Complainant has been in actual uninterrupted adverse possession of said parcel of land received from defendant for about fifteen years, and-has openly and notoriously exercised the control of an owner of it from the date of exchange until now, using it in the same manner that he would have used it'had same passed to him by deed. He has cut firewood from it, raked •and hauled straw and leaves from it, split rails upon it, sold the saw timber from it, and cultivated a small part of it. And all this the defendant well Imew, Jsnowing full well, too, that your complainant was doing so as owner of said land.”

As between parties to an exchange, this is abundant, and the parts italicized by the writer of this opinion completely refutes the technical objection of the demurrer that the exact words of statute, “claiming to be the owner,” are not used. They also emasculate the objection that, no paper title being shown, the land should be averred to have been enclosed.

The objection that the bill is not sworn to is without any merit, as we think, and the same is true of other objection not mentioned in this opinion.

Affirmed.

Reference

Full Case Name
Henry Bynum v. John Stinson
Cited By
2 cases
Status
Published
Syllabus
1. Lands. Description. Certainty. A description of land which is capable of being made certain is itself certain. 3. Same. Fences. “No-fence law.” “-Stock law.” Where land is described as being bounded on one of its sides by a fence, the description is not rendered bad by the fact that the “stock law” or “no-fence law’’was in force in the district or county where the land lies. 3. Pleadings. Direct and argumentative averments. Time. A pleading which avers that an event occurred “fifteen years ago,” sufficiently shows that it occurred more than ten years ago, notwithstanding learning to the effect that averments should be direct and not argumentative. 4. Same. Statute of limitations. Code 1893, 3730, 3734. Patrol sale of lamds. Averse possession. A pleading which shows a parol exchange of lands,'followed by continuous actual adverse possession and claim of ownership for more than ten years (the statutory period barring actions for the recovery of land, $$ 3730, 3734, code 1893), sufficiently shows title in the claimant against all persons not under disability. 5. Same. Enclosure utrmecessary. Clouds on title. Suits to remove. It is not necessary that a bill by one of the parties to a parol exchange of lands to quiet his title to the land received in exchange from the defendant should aver that the same was enclosed, when it is alleged that complainant had for fifteen years following the exchange, as was well known to defendant, continuously occupied the property and exercised over it the control of an owner, specifying particular acts of ownership, the same being substantially a claim of ownership. 6. Chancery Pleadings. Unsworn bill. It is unnecessary that a bill in equity to quiet title to lands should be verified by oath.