Brown v. Greegan

Citations

• 105 Miss. 146
• 62 So. 11

Syllabus

<p>Judgment. Parties. Concluded. Code 1906, section 2927.</p> <p>Where the land commissioners of the state issued a patent to certain lands and the patentee through mesne conveyance also obtained a deed to certain other lands, the source of title being a patent issued by the land commissioner, and such patentee brought ejectment against the parties in possession of such lands and on judgment being rendered - against him in the circuit court, appealed to the supreme court where the judgment of the lower court was affirmed because of his failure to perfect a bill of exceptions. Such judgment was not res judicata in a suit by the patentee against the state, to recover the purchase money, since under Code 1906, section 2927 so providing, “where title to public land sold by the state fails, the state should refund the purchase money, but that the Question of failure of title could only be determined in a suit filed in the county in which the land was situated, making the land commissioner a party.”</p>