Bay St. Louis v. Hancock County

Citations

• 80 Miss. 364

Syllabus

<p>1. Statute of Limitations. Code 1893, \\\\ 3730, 3734. State. County. Municipalities. Lands for public purposes.</p> <p>Tbe statutes of limitation have never operated against tbe state, or any subdivision or municipal corporation thereof, so as to invalidate their title to property owned for governmental purposes, such as court houses, jails and streets.</p> <p>3. Board of Supervisors. Contracts. Sale of room in courthouse. Ultra vires.</p> <p>The board of supervisors had no power in 1874 to contract with a city so as to invest the latter with title to a room in the courthouse of the county.</p> <p>3. Courthouses. Possession of room in. Tenant at will. Proceedings to remove. Code 1893, H 3547-3557.</p> <p>The possession by a city of a room in the courthouse of the county, under claim of a purchase thereof from the county — the county having no power to sell — is that of a tenant at will; and the city-can, on notice to vacate, be removed therefrom by proceedings under Code 1892, §§ 2547-2557, providing a summary remedy for the removal of tenants wrongfully holding over.</p> <p>4. Same.</p> <p>One in possession of lands belonging to a county under a pretended contract, which is void because the board of supervisors had no power to make the same, is a tenant at will of the county, and may be removed as such. .</p>