Bolivar County v. Coleman

Citations

• 71 Miss. 832

Syllabus

<p>1.School-lands. Bill to confirm title. Code 1892, ? 4147.</p> <p>By ‘i 4147, code 1892, it is the duty of boards of supervisors to institute all necessary suits, to confirm title to sixteenth sections, and to fix the date of the expiration of leases thereof, and to do this at once where persons claim any of said lands in fee or upon any other terms than that of a lease to expire at a fixed date, with absolute reversion in trust to the state, or if the title to such land rest in parol, by destruction of records or otherwise.</p> <p>2. Judgment. Court of limited jurisdiction. Presumption.</p> <p>ISTo presumption is indulged in favor of a court of limited and special jurisdiction, and, where the jurisdictional facts do not appear of record, its judgments are void. Boot v. MeFerrin, 37 Miss., 17.</p> <p>3. Same. Lease of school-lands. Jurisdiction of supervisors. Code 1880, ? 732.</p> <p>Tn a proceeding under ? 732, code 1880, to lease sixteenth section school-lands, boards of supervisors exercised a special and limited jurisdiction, and, if the record of the proceedings by the board under said section failed to show that a majority of resident heads of families petitioned for the leasing, the order of the board therefor and the lease are void.</p> <p>4. Chancery Pleadings. Exhibit. Copy of deed. Marginal notation. Demurrer.</p> <p>Where a bill recites execution of a deed and makes a copy thereof an exhibit, the court, will not, on demurrer, notice an entry thereon purporting to be a copy of the notation by the clerk on the margin of the record, showing satisfaction of a lien for the purchase-money, the bill being silent as to this.</p>