Mississippi Supreme Court, 1909

Cohn v. Smith

Mississippi Supreme Court · Decided March 15, 1909 · Smith

94 Miss. 517; 49 So. 611

Cases that cite this one

1 later published case cites this decision.

Philbin v. Carr (Ind. Ct. App. 1920)

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Opinion of the Court

Smith, J.,

delivered the opinion of the court.

The evidence in the court below discloses a perfect record title in appellant to the land in controversy; but the chancellor held that appellees were the owners thereof by adverse possession. *521There was evidence of claim of ownership on the part of appellees, but no evidence amounting to proof of possession. At most it showed nothing more than a mere “scrambling possession,” which is not sufficient to cause title to vest by adverse possession.

The decree of the court below is therefore reversed, and the bill dismissed.

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