Gastrell v. Phillips

Citations

• 64 Miss. 473

Syllabus

<p>1. Evidence. Absent witness. Testimony of on a former trial. Admissibility of.</p> <p>Evidence of what a witness, absent in another State and whose whereabouts are known, testified on a former trial of the same case, is inadmissible.</p> <p>2. Land Patents. Fraud in procuring. Whether void or voidable. Sow attached. Case in judgment.</p> <p>P., in order to avoid an act of the legislature which provided that no more than two hundred and forty acres of swamp lands should be sold to one person, induced various persons to make application to purchase two hundred and forty acres of such lands, furnished them the money to pay for the same, had patents issued in their name, and then caused such persons to make to himself quit-claim deeds to the lands so procured. Seld, that such patents cannot be attacked collaterally, since they are not void absolutely.</p>