Moore v. Lord

Citations

• 50 Miss. 229

Syllabus

<p>1. Ejectment — Exception in Deed. — Plaintiffs in error conveyed to defendant Annie Lord, by deed, of date October 14, 1861, lots Nos. 3, 4, 5 and 6, in the town of Canton, “ except so much of said lot 3 as is now occupied by Owen Van Vocter, Esquire, as an office, being twenty-seven feet front on Liberty street, and running back fifty-six feet;” upon this clause in the deed, rest the right and the title of the plaintiffs. Van Vocter testifies that he was in continuous, open and notorious possession of the property in controversy (without a deed from any one) from 1855 to 1863, when he conveyed it to defendant, Mrs. Annie Lord, who has retained possession continuously thereafter. Plaintiffs rely upon the maxim, “ Si quis rem dat, et partum retinet, ilia pa/rs quam retinet, semper eo est, et semper fuit.”</p> <p>2. Same — Same. — “ In every good exception, these things must always concur: 1. The exception must be by apt words. 2. It must be of part of the thing granted, and not of some other thing. 3. It must be a part of the thing only, and not of all, the greater part, or the effect of the thing granted. 4. It must be of such a thing as is severable from the thing which is granted, and Dot of an inseparable incident. 5. It must be of such a thing as he that doth except may have, and doth properly belong to him. 6. It must be of a particular thing, out of a general, and not of a particular thing, or a part of a certainty. 7. It must be certainly described and set down.” Sheppard’s Touchstone, 77.</p> <p>3. Same — Same—Case cn Judgment. — Of these components of a “good exception,” two are noticeable, the second and fifth, unless it can be implied, it does not appear of record that the land sued for was, at the date of the conveyance of 1861, within the meaning of the rule, “ a part of the thing granted,” nor that it properly belonged to the plaintiffs.</p> <p>4. Same — Same — Strength oe Title. — The general rule, that the plaintiff in ejectment must recover upon