Lovejoy v. McKibben

Citations

• 113 Miss. 369
• 74 So. 281

Syllabus

<p>1. Adverse Possession. Sufficiency of evidence.</p> <p>In an action of ejectment to recover the overlappage of conflicting surveys, where a fence had been erected by the parties in 1903 in reliance on a survey then made and which was discovered to be erroneous in 1911 when a new survey was made, the court held, that the evidence was not sufficient on the part of defendants to show their adverse possession under .the first survey.</p> <p>2. Ejectment. Pleading. Description of land.</p> <p>Where the declaration in ejectment described the lands sought to he recovered as “a strip of twenty-four acres, more or less, off the north end of the east half of- the Southeast quarter of section 22, township 12, range 3, west” it was d sufficient description.</p> <p>3. Adverse Possession. Pleading.</p> <p>Pleading setting up statutes of adverse possession, should specify the period of adverse possession relied upon so the adverse party may have notice of the exact period of time the adverse possession is alleged to have existed and defendant having elected one period is bound by such election, and must make her case as alleged in her plea.</p> <p>4. Adverse Possession. Proof. Acts of ownership and control.</p> <p>A person relying upon adverse possession must prove such possession and such acts of ownership and control by the claimiant as would notify the world of his claim.</p>