Cassedy v. Jackson

Citations

• 45 Miss. 397

Syllabus

<p>1. Administratrix marrying—order requiring her to join her husBAND IN A NEW BOND DOES NOT VITIATE HER ORIGINAL APPOINTMENT. —Where an administratrix married and the probate court passed an order requiring her husband and herself to execute a new bond, the error of the court, in requiring her to join in the bond, did not affect her rights as administratrix, by virtue of her original appointment, nor deprive her of authority, in conjunction with her husband, to prosecute a suit on a cause of action due to her intestate.</p> <p>2. Practice—error to try issue op pact with demurrer undisposed OE. —It is error to proceed to the trial of issues of fact without making disposition of a demurrer.</p> <p>3. Maintenance—art. 1, p. 306, Code oe 1857 —disseizee may convey any interest in or claim to land. —The common law as to the effect of adverse possession upon conveyance of real estate is not in force in this state. Art. 1, p. 308, Rev. Code of 1857, changes the rule of the common law upon this subj ect, and removes all restraints upon the alienation and transfer of real estate, so as to enable any one, having an interest in or claim to land, to convey the same, notwithstanding the land may be in the adverse possession of a third person claiming it under A color of title.</p>