Wilson v. Williams' Heirs

Citations

• 52 Miss. 487

Syllabus

<p>1. Ejectment: Adverse possession. Statute of limit-dions. Pleadings.</p> <p>In an action of ejectment it is not error to strike out special pleas of the statute of limitations. They sire nullities. That defense is available under the plea of not guilty.</p> <p>2. Same: Limitation act of 1854. Case in judgment.</p> <p>Where a party had not been in possession of lands seven years at the date of the passage of the act of 1854, his right of prescription had not become complete, and it rvas competent for the legislature to extend the time within which the true owner might sue.</p> <p>3. Same : ■ Tax deed. Excluded.</p> <p>Where a party in ejectment is in possession of the land under color of title by two deeds, one of which is a void tax deed, it is not error to exclude the tax deed. The deed from another party, under which he took possession, constituted color of title, and that is all that could have been accomplished by the tax deed.</p> <p>4. Same : Possession. Deeif of conveyance. Boundaries.</p> <p>Where a person buys land and takes a deed of conveyance his possession of it, when he takes possession, is co-extensive with the boundaries defined in the deed. .. ,,</p> <p>•5. Same : Adverse posesssion. Notice. Actual or constructive.</p> <p>In ejectment, to bind the plaintiff by an adverse possession, it is not necessary that he should have actual notice, and it is error to instruct the jury that there must be presumptive notice, without instructing them as to what constitutes such notice. Presumptive notice is an inference of law arising from certain facts; these facts should be stated hypothetically, and the jury instructed that if they exist plaintiff had notice in law, and if not that he did not have it.</p> <p>'6. Same: Same: Case in judgment.</p> <p>The heirs of H., to whom the land descended, made a parol partition among themselves. There were three daughters; one of the daughters sold out to another, who has been in possession ever since of two-thirds of th