Willoughby v. Caston

Citations

• 111 Miss. 688
• 72 So. 129

Syllabus

<p>1. Adverse Possession. Public land. Cancellation of entry. Acquisition of title against state. Control of land department. Statute of limitations. Rtmning against the state.</p> <p>Where the predecessor of defendant made a homestead entry on lands of the United States in 1858, and afterwards conveyed to one who continued in possession, but the homestead entry was subsequently cancelled in 1897 by the federal government, confirming a selection of swamp and overflowed land made by the state, pursuant to a congressional donation in 1850, approved by the secretary of the interior in 1900 to perfect the title in the state. In such case defendant did not have title by adverse possession against the patentee of the state, the ten-year statute not running against the federal government, or since January 24, 1877, against the state.</p> <p>2. Same.</p> <p>Defendant’s predecessor did not in such case acquire good title by adverse possession prior to 1877 on the ground that when the land department of the federal government in 1900 approved the state’s selection of the swamp and overflowed lands, the inchoate title of the state was perfected as of the year 1850, when the lands were donated by Congress, so that the doctrine of relation bach applied.</p> <p>3. Public Lands. Control of the land department.</p> <p>Until the selection of the lands, as being of the character of lands passing under the act of 1850, had been approved, the whole question still remained under control of the United States Land Department, at least to the extent of its full power and authority in all proper cases to order a resurvey or to correct any errors or mistakes, until the selection had been approved and a patent issued conflicting claims must be settled by the United States Land department and not by the courts.</p> <p>4. Advekse Possession. Public lands. Statute of limitations. Running against the state.</p> <p>The statute of limitations does not ordinarily begin to run until the sovereign pow