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· 10/15/1893

Goff v. Cole

Citations

  • 71 Miss. 46

Syllabus

<p>p Partition. Relief. Title of complainant.</p> <p>In partition proceedings, where complainant’s title is denied, and the record shows that an ancestor, under whom she claims, once owned the land, but had conveyed it away, though there is ground for conjecture that it was re-acquired by the ancestor, if the evidence does not establish this, complainant must fail.</p> <p>2. Same. Limitation. Adverse possession. Evidence.</p> <p>And, in such case, where it is claimed that the ancestor had title by limitation, based upon adverse possession, if the evidence of possession is in great part hearsay, and is so vague as to prevent its application to the land in question, relief will be denied. Without title, complainant cannot succeed. Griffin v. Sheffield, 38 Miss., 359, distinguished.</p>

Judges: Woods

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