Bynum v. Stinson

Citations

• 81 Miss. 25

Syllabus

<p>1. Lands. Description. Certainty.</p> <p>A description of land which is capable of being made certain is itself certain.</p> <p>3. Same. Fences. “No-fence law.” “-Stock law.”</p> <p>Where land is described as being bounded on one of its sides by a fence, the description is not rendered bad by the fact that the “stock law” or “no-fence law’’was in force in the district or county where the land lies.</p> <p>3. Pleadings. Direct and argumentative averments. Time.</p> <p>A pleading which avers that an event occurred “fifteen years ago,” sufficiently shows that it occurred more than ten years ago, notwithstanding learning to the effect that averments should be direct and not argumentative.</p> <p>4. Same. Statute of limitations. Code 1893, 3730, 3734. Patrol sale of lamds. Averse possession.</p> <p>A pleading which shows a parol exchange of lands,'followed by continuous actual adverse possession and claim of ownership for more than ten years (the statutory period barring actions for the recovery of land, $$ 3730, 3734, code 1893), sufficiently shows title in the claimant against all persons not under disability.</p> <p>5. Same. Enclosure utrmecessary. Clouds on title. Suits to remove.</p> <p>It is not necessary that a bill by one of the parties to a parol exchange of lands to quiet his title to the land received in exchange from the defendant should aver that the same was enclosed, when it is alleged that complainant had for fifteen years following the exchange, as was well known to defendant, continuously occupied the property and exercised over it the control of an owner, specifying particular acts of ownership, the same being substantially a claim of ownership.</p> <p>6. Chancery Pleadings. Unsworn bill.</p> <p>It is unnecessary that a bill in equity to quiet title to lands should be verified by oath.</p>