Terry v. Unknown Heirs of Gibson

Citations

• 108 Miss. 749
• 67 So. 209

Syllabus

<p>Quieting Title. Parties. Improvements.</p> <p>Where plaintiff brought suit in accordance with the provisions of the statute for the adjudication of the question of plaintiff’s right to have the title which he asserted in land quieted, and in his original bill, upon which the summons to the unknown heirs was based, the prayer was solely for this relief, and thereupon a part of the heirs under a common source of title, who were served by publication only, filed an answer alleging that they were co-owners, and thereupon plaintiff filed an amended bill claiming title by adverse possession and therein averred the making of improvements and prayed that in case the court found that the title was in all the heirs of the common source, it should allow plaintiff for improvements and taxes, less rent, profits, and the use of the land. In such case all necessary parties for the purpose of the adjudication of plaintiff’s title having been brought in, the court was authorized to act relative thereto, but all of the heirs, of the common source not having appeared, nor been personally served, were not before the court so as to authorize an adjudication of plaintiff’s right to improvements and the court having determined that plaintiff was a co-owner only, properly dismissed the cause without prejudice to plaintiff’s right- to assert his claim for improvements, less rents, and profits and refused to continue the cause until all necessary parties were brought in.</p>