Dedeaux v. Bayou Delisle Lumber Co.

Citations

• 112 Miss. 325
• 73 So. 53

Syllabus

<p>1. Advekse Possession. Sufficency of evidence. Color of title. Possession and occupation. Actual possession. Burden of proof.</p> <p>On a bill to confirm title and to cancel defendant’s claims, the court held that the evidence set out in the opinion of the court did not establish that defendant entered the land under color of title.</p> <p>2. Adverse Possession. Possession and occupation.</p> <p>Where a party has no color of title to land, he can only acquire title by adverse possession to such part of the land as he has actually held in possession and inclosed, or otherwise actually and continuously occupied, for the statutory period of ten years.</p> <p>3. Same.</p> <p>Where a party occasionally went upon the land, and cut timber thereon and at other intervals burnt some coal kilns on the land but this occupation of the land was not continuous and hostile, nor for a period of ten years, such occupancy falls short of conferring title by adverse possession.</p> <p>4. Adverse Possession. Burden of proof.</p> <p>Where on a bill to confirm title and cancel defendant’s claims, the defendant admitted the validity of plaintiff’s paper title, but claimed title by adverse possession, the burden of establishing his title by adverse possession is on him.</p>