Osburn v. Board of Supervisors

Citations

• 71 Miss. 19

Syllabus

<p>1. Chancery Court. Jurisdiction. Code 1892, $ 4147. Sixteenth section.</p> <p>Under § 4147, code 1892, giving to any person interested the right, on failure of duty as to that by the board of supervisors, to institute suits in respect to the title of the county to sixteenth section school lands, the interest referred to is that of a citizen in the civil subdivision in the assertion of the rights of the public, and not the interest of an owner or lessee of the lands. One interested as owner or lessee cannot, under this section, bring the suit in his own behalf.</p> <p>2. Same. Confirming title. Code 1892, §499.</p> <p>But a leaseholder of sixteenth section school lands, who is in possession, the lease-money having been paid, may, under g499, code 1892, file a bill against the county to confirm his title, and have fixed by decree the time of expiration of the lease, and this although the county makes no assertion of an adverse claim.</p> <p>3. Chancery Practice. Disclaimer. Belief. Costs.</p> <p>Where such a bill is filed, and the county answers, disclaiming all interest, relief should nevertheless be granted, confirming complainant’s title at his cost.</p>