Early & Co. v. Long

Citations

• 89 Miss. 285
• 42 So. 348

Syllabus

<p>1. Ejectment. Bill of particulars. Code 1892, § 1652.</p> <p>A defendant in ejectment, wholly failing to render a bill of particulars of his title when properly demanded of him under Code 1892, § 1652, providing therefor, or to offer any excuse for his failure, is not entitled, objection being made, to introduce evidence of his title.</p> <p>2. Deeds. Descriptions. Ambiguity.</p> <p>A description of land in a deed as “part of the southwest east quarter, containing thirty-one and one-quarter acres” is void for uncertainty.</p> <p>3. Same.</p> <p>A description of land in a deed of fifteen acres, “more or less,” off the southwest corner of a quarter section, signifies a sale in gross of fifteen acres, and is not uncertain because of the words “more or less.”</p> <p>4. Same.</p> <p>A description of land in a deed as “fifteen acres, more or less, off the southwest corner of the northeast quarter” of a. section, means fifteen acres to be laid off in a square and not fifteen acres off the west end of the south half of the quarter section.</p>