Cohn v. Pearl River Lumber Co.

Citations

• 80 Miss. 649

Syllabus

<p>1. Land Commissioned. Equity. Parties.</p> <p>A proceeding in equity to settle conflicting claims of individuals to land formerly owned by the state, and to require the land commissioner to issue patents upon invalid certificates of purchase of swamp and overflowed lands or to refund, without authority of law, the purchase money, and interest thereon, shows no ground for relief against that officer, and he is not a proper party to the same.</p> <p>3. Title by Pbescbiption. Burden of proof.</p> <p>Where the complainant, in support of a bill asserting title by prescription, showed actual residence for a sufficient time, but one surveyor testified that the house used as a residence was on the land in controversy, while another -testified to the contrary, it was not error to dismiss the bill, the burden of proof resting upon the complainant to satisfy the court of the fact of possession.</p> <p>3. Swamí? and Ovebplowed Lands. ' Certificates of purchase. Absence of patent. Laws XT. S., 1850, 1 Brightly’s Dig., p. 492. Laws Miss., 1852, p. 99.</p> <p>Where a complainant claims lands by virtue of a grant from the state, evidenced by a certificate of purchase of the “treasurer of the swamp land commissioners for the eastern district of Pearl river,” and the defendant .denied the existence of any grant and that such commissioners were ever appointed or had authority to organize, or in fact organized, and it appeared that there was no authority in law for the organization of an “ eastern ” district, or that one was in fact organized, although there was a “southern ”' district, and it was not claimed that any patent was ever issued on such certificate by the secretary of state, the certificate is insufficient to establish title, since it was incumbent on the complainant to show substantial compliance with the statute in respect to such grants.</p> <p>4. Purchase Monet. Refunding same. Laws 1894, ch. 73. Laws 1896, ch. 46. Laws 1900, ch. 76. Laws 1902, ch. 74.</p> <p>One cla