Halloway v. Miles

Citations

• 110 Miss. 532
• 70 So. 697

Syllabus

<p>1. -Evidence. Secondary evidence. Public lands. Title. Prima facie title.'</p> <p>Under Code 1906, sections 1960-1961, providing for the admission of copies of records of the United States offices in evidences •where plaintiff claimed land under a certificate of entry from the United States, claiming it a part of the public domains, the tract book of original entries, showing that the property had been reserved as school lands and accepted by the state was admissible to establish this fact.</p> <p>2. Public Lands. Title. Prima facie title.</p> <p>Code 1906, section 1959, declaring that all certificates issued in pursuance of any act of Congress shall vest full legal title in the person to whom the certificate is granted, and shall be received in evidence, saving the paramount right of other persons, merely announces a rule of evidence and establishes only a prima facie title, which may be overcome and defeated by a superior or paramount title, and when a certificate of entry was-issued by the United States land office to land which had been reserved as school land and accepted by the state, the entry-man acquired no title, since the United States had none.</p>