Kyle v. Rhodes

Citations

• 71 Miss. 487

Syllabus

<p>1. Description. Latent ambiguity. General designation. Extrinsic evidence.</p> <p>A description in a deed of land by reference to a well-known general designation, by which the boundaries may be made practically certain, is sufficient, although resort to extrinsic evidence be necessary to ascertain definitely what is embraced. Stewart v. Gage, 59 Miss., 558.</p> <p>2. Same. General description. Case.</p> <p>A description as “that certain piece of land lying north of the Mitchel or Busby place, containing not exceeding forty-seven acres; said described land is bounded on the north by the south line of Beaver Dam Brake,” is not void for uncertainty, and the land may be identified by extrinsic evidence.</p> <p>3. Chancery Pleading. • Unsworn bill. Oath of agent. Two witnesses. Code 1880, § 1949.</p> <p>Section 1949, code 1880, which abolishes the rule requiring two witnesses, or one witness and corroborating circumstances, to overthrow a sworn answer denying the allegations of the bill, where the bill is sworn to by the complainant, does not apply where the bill is sworn to by one as “husband and agent” of complainant.</p> <p>4. Injunction. Possession of land pendente lite. Trespass.</p> <p>Where the possession of a vendee of land under a contract to convey is forcibly invaded by the vendor, the former, on filing a bill to compel specific performance of such contract, is entitled to an injunction to restrain defendant pending suit from entering and trespassing on the land.</p>