Greer v. Pickett

Citations

• 127 Miss. 739
• 90 So. 449

Syllabus

<p>Adverse Possession. Defense of adverse possession held sufficient, although occupation was under erroneous survey.</p> <p>Where a suit in equity was filed to cancel defendant’s claim to land in suit, and there is a dispute as to certain land as to whether it lay within the calls of complainant’s deeds, or whether it lay within the call of defendant's deeds, aand where there are several surveys, some of which locate it within the calls of complainant’s deeds and sonje locate it within the defendant’s deeds, and where the land had been fenced by the defendant’s grantor and such line had been recognized by all parties concerned for thirty or forty years before the suit, and had been occupied and claimed by defendant’s grantors for the statutory period, the defense of adverse possession is available to the defendant, although defendant testified that he did not own lands outside the call of defendant’s deed, and although the true survey made showed the lands actually lay within the calls of complainant’s deed. In such case it is error to cancel defendant’s claim to such land. Metcalfe v. McCutchen, 60 Miss., 145; Jones v. Gaddis, 67 Miss., 761, 7 So. 489, cited.</p>