Gilchrist-Fordney Co. v. Thigpen
Gilchrist-Fordney Co. v. Thigpen
Opinion of the Court
delivered the opinion of the court.
Appellant filed its bill in the chancery court of the second district of Jones county against S. F. Thigpen
The lands in question were patented from the United States to John Crosby in 1858, and afterwards sold on execution to Benjamin Thompson. In 1876 the lands were sold to the state for tax, and on February 15,. 1886, the state sold the land to Stafford Peyton, from whom, by succession of transfers, title passed to C. Thigpen & Co., a mercantile firm composed of C. Thigpen, AN. M. Sprinkle, and J. W. Gaston, from which parties the title in this case becomes the common.source of title, there having been adverse possession under the tax title for a period of ten years prior to the sale from Thigpen & Co. to either of the parties in this cause.
On the 3d day of February, 1900, C. Thigpen attempted to convey the timber on the lands for C. Thigpen & Co. to G. J. Pope, trustee, who conveyed it to the Kingston Lumber Company, which company conveyed it to the appellant. The deed from C. Thigpen & Co., “per C. Thigpen,” described the land on which the timber grew which was attempted to be conveyed as follows: “Fifty acres on the East half of the Northeast quarter of section 10, township 1, range 10, in Jasper county,. Miss.” In the year 1901 C. Thigpen, W. M. Sprinkle,, and J. W. Gaston conveyed the East half of the Northeast quarter, above referred to, to B. F. Crosby, who went into possession of the tract of land so conveyed, and remained in possesion until the conveyance to E. L. ANard in 1913. Ward subsequently conveyed to S. F. Thigpen, the appellee, and Thigpen conveyed an interest in the land to the appellee Wiliams.
The appellant’s claim of title by adverse possession is not supported by proof of any act of possession of the land by it, or any one acting for it, for any period of time; and during all the time from the deed to Crosby in 1901 to the filing of the bill in 1914, some other party was in the actual possession of the land; and there is a complete failure to prove any title by adverse possession so far as the appellant is concerned.
We think the deed from C. Thigpen & Co., “per C. Thigpen” to “trustee, in 1900, is absolutely void for want of certainty in the description. Early v. Long, 89 Miss. 285, 42 So. 348; Tierney v. Brown, 65 Miss. 563, 5 So. 104, 7 Am. St. Rep. 679; Lazar v. Caston, 67 Miss. 275, 7 So.
Affirmed,
Reference
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Loos and Logging. Timber deed. Description of land. A deed to the timber on fifty acres on the east half of the northeast quarter of section 10, township 1, north, range 10 east, is. void for uncertainty in description, as it would be impossible for any person to take this deed and from it alone, locate the timber or what particular timber was intended to be conveyed. 2. Loas and Logging. Reservation of timber. In order to retain timber from a conveyance such reservation must be written in the deed. 3. Injunction. Title to support action. Gutting timber. In a suit to enjoin cutting timber and for cancellation of defendant’s claim thereto, complainant must show title in itself and it cannot rely on the weakness of defendant’s title.