Davany v. Koon

Citations

• 45 Miss. 71

Syllabus

<p>1. Oppiciae acts—presumption in their pavor. — There is a palpable distinction between acts done by persons acting in an official capacity, and acts done by individuals. If an official act comes into question, the presumption is in favor of its propriety and validity, unless a departure from or violation of law is apparent on the face of the transaction.</p> <p>2. Same—eeasesop the 16thsections.—In'Philips v.Doe exdem. Burrus,13 Smedes & Marsh. 35, it was held, that thelessee of the school lands (16th sections) from the trustees or the board of police, must prove performance of aU the antecedent conditions. As an original question,, this court would consider the principles announced in Wray v. Doe, 10 Smedes & Marsh. 461, as applying to leases of the school sections.</p> <p>3. Same—same.—It seems to better accord with principle and its analogies; to be more advantageous to private and public interests, to apply to the leasing of the 16th sections, the same general rule that applies with all other agents and officers, connected with the sale of lands that belong to the United States or the state, viz.: ■ That the paper or muniment of title issued by them, ostensibly conforming to law, shall be prima facie evidence that the demands of law have been performed. And the onus of proof shall rest upon the party contesting the title, to show a failure or omission to fulfill the legal requirements.</p> <p>i. Evidence—order oe introduction. — It is a well-settled rule in this state, that the court will not control the order of the introduction of testimony (except that, where secondary is offered, the absence of the original must be accounted for).</p> <p>5. Same — case in judgment. — On the trial of an action by the lessee of a portion of a 16th section, to recover damages for cutting and removing timber from the leased premises, he offered in evidence a bond for title, made to him by the judge of probate of the county, and containing recitals showing that all the forms p