The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-08-10
rReoor,ei expressly for The Eastern Clarion
April Term, 1859.
No $50
John Hester ct aI Plaintiffs in Error IS. George "

NO. Ss.s.7
John Hester ct aI- Plaintiffs in Emor, Is. George W
Cri-cr Defendant
In error 70 the Circuit Court OF Rankin county.
The declaration IN TINS case contains Two counts
the first under the statute for cutting tinher ana me
second an amended count pa tres pass gldTt oduSiw
f-art The mann object of the action Is TO test the
validity Of the ttle Of defendant in error. Several
errors are assigned which We do not deem u neces-i-
IN 10 notice a- they do affect the merits Of tins
controversy aud could not auth reversal # the
milo Of pIaut-. or rather their right To maintain this
ut has been Invested by the act OF 1916 and the sub
-equent art Of Congress in favor Of defendant.
The hand ma dispute l. part % sixteenth section
reserved from sale Tor the support 81 schools ~ me
township, by the act OF Congress, ID March 1913
The Government of the United States. after the pas
sage Of ;hi~ retained the title 10 the lands thus
reserved. and continued % exercise d3nhoh over
them during the territorial condition of Mississippi
ON the 9Th january, 1873 an act was passed by Con
grgs~ authorizing the Territorial County Courts 10
appoint not five agents u lease in order TO Their
imnruycmrnU the sixteenth section IN each county
lad to appy the proceeds for education IN each town
ship and to no other use the leases % expire on the
FIRST Of January after the admission Of the ter
rtory a. a state. Sec Peters Comp l63
Immediately after the organization of the state
government the legislature, the 5th February ISIS,
authorized the Justices of the County Court Of each
county take charge Of the land given 10y the UNI
led States 70 the state Of Mississippi and to provide
for the erection of schools also to lease sad lands,
and to dispose Of the funds according 10 the terms
Of donation as prescribed by the acts OF Congress
relative to the ~ame"-no lease to be for longer
term than three years.
By the act Of oh January 1924 the resident heads
81 families in each township, We're authorized TO elect
fr the wear five trustees residing in the township,
trustees of schools and school lands T. preserve
lands and lumber from waste. to lease lands for a
term longer than five years. and appropriate the
| proceeds towards school purposes. sc.
The legislature continued iromTrne TO time TO cN-
the passage Of the act oil sd February ISIS when
provision made for leasing the lands for ninety
Under this act the trustees in each township. de-
| irving their authority solely from tins State under
the acts of the legislature. have claimed "a exercise
authority the title
4 whatever having been granted out Of the Govern
eut of the United States either to the state OF Ia
township To the trustees, until the passage Of the
act Of Congress Of the 18th MAY, 1852 subsequently
| amended by the act of Sd March, 1885,. These acts
| ratified an previous sales Of their lands made by the
| authority Of the state and authorized the state e.
sell an such reserved lands with the consent Of the
| Inhabitants of such township, TO be obtained a. the
| legislature may direct.
In the case Before u it Is admitted the land in dis
| gute was sold 10y persons claiming 70 exercise the
office Of trustees Of said township. That the defend
amt ia error derives his title regularly from the pur
chaser. and that the purchase money has been paid
| IL i. Insisted however that the sale void. THAI
the trustees in fact not regularly such that they
had no power sell the land. That the consent OF
resident heads Of families in the township, was never
obtained prior to said sale and that the pre-requi
sites 20 the exercise Of the special limited power e"
sale never having been complied with the whole pro
| ecedmg a nudity.
| The record however. shows that upon the petition
| of "a majority of the resident heads Of families n
said township, the Legislature Of ls4t passed an ac
| JufyIng and confirming said sale. p March 1876.
| Tn. act. taken IA connection with the act Of Con
re-s Of the 18th May 1852, rstfying and approving
l- made prior thereto hv the authority Of the leg
stature Of the state of Nlssssppl. the same man
uar and to the same extent rs though the same had
been in force at the date of such sales. presents Ia,
| ju, ~tlon for docI4on here.
| Il Is apparent from an examination Of the vaTlou
acts Of Congress. that until the passage Of the act %
| 1852 the Government Of the United States retained
the legal title TO the land in controversy well a. al
| other sixteenth sections. reserved from sale IA TIN
STATE, by the ACT Of ls0 for the support Of schools
| he townships Il i equally clear that whatever ma,
| nave been the intention Of congress. or the heneNo