The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-09-08

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be n he ant N tmeief VI
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terms qHHf al ~ mHke dlslfiln
iluu IHply iiat fhe fmis ril8ret
~ dHsif.huilfu, as ffll ai fho p1f
iluns N lho .pffHmf entitled Thereto
have been previously tefddnri tui
f,od.
II waH therefore erfor iufmnt thi
decree without sFh ffevioHs decounis
and aseefiainmem N tho nmuunt,
character and condition n ne estate.
aa veil ~ The portions NJ the pcfsms
entitled,
II vii W. unnecessary IA notice ilic
last assignment, relating 10 The plo,
which was held insufficient. because
this plea telalcs ~ the negro chill
dren, the increase of The woman /,
specifically devised "pih heh W.
eredse." AZ this property waa not
affected by The decree, 50 hr rs We
arc enabled to see from the record,
the action Of the court in reference
to this plea did not prejudice appel.
lants.
Let The decree bc reversed and the
cause remandcd for further proceed
ings, according to this opinion.
Tush-hoyo-tubby vs.. Jaoob Barr.
Error 10 the Circuit Court Of Chick
asnw county.
Hon. W. H. Harris, delivered the
opinion of the Court.
This Is an action of elcctmcnt 10
recover a tract of land, located b.
plaintiff as a reserve, by the treaty
Of the United States with the Chick
asaw Indians. Plaintiff alleges that
he left said land unoccupied in the
year 1898, and that ever since he has
been beyond the limits of the United
States, to-wit; in the territory known
as Indian Territory, west of the
State of Arkansas and East of the
Rocky Mountains.
To this declaration the defendant
dcmurred; LIST, Generally, that the
cause of action is barred by the stat
ute OF limitations. I'd, Because, ad-
mitting that since 1888, plaintiff had
resided in the Indian Territory, de-
scribed, yet said territory is within
the limits of the United States and
the cause Of action is barred by our
statutcj and Sd, Because plaintiff, as
shown, is not n citizen of the United
States, and cannot maintain an action
in this court.
The only point presented for our
determination by the briefs of coun-
sci is that on The face Of the deciara-
, ton il appears that the plaintiff
cause of action is barred by the stat
, ute of limitation. This is miscon-
ccption of the scope and object Of
, this statute.
II no where appears in this dccla-
r ration that the defendant has been in
the aduerse possession of the land
in dispute for the time limited by th,
y statute or for any time. Plaintiff
/ right of action did not accrue unit
there was an adverse possession.
5 The ground upon which the statute
> of limitation rests is that the defend
: ant has had the open and notorioui
. adverse possession of the property il
I dispute for the period limited by th'
o act. The plaintiffs right Of actor
accrues whenever this adverse pos
o session begins, and not beforej an,
( the law because of his presume,
9 knowledge of such adverse possession
and his acquiescence therein unit
!, after the period prescribed, bars hin
q of his remedy Ms well as Of all right
r Ellis vs.. Murray, 2sth Miss. p. ~
9 and 33d Miss. p. lI9.
r No length Of possession will ba
II the right Of the owner to recover hi
i property in possession Of another
% unless such possession be continuou
Q and advcrse.-Adam W.. Guice, 30tl
Miss. p. 397; Tegarden vs.. Carpen
3Gth Miss, X. p. 40i; Nixon VI
: Porter, 3Sth Miss. r., p. 40l.
: Whether, therefore, the plainti
was present in the State or abscn
!. does not affect his right under th
!, statute of limitations, unless il ap
= pears that there was an adverse pos
!, !" session for the time prescribed.
The demurrer on this ground wa
oe therefore improperly sustained.
- :. The last ground of error assignc,
:, : that the plaintiff is not a citizen ,
= ~ the United States, and cannot, ther'
= ], fore, maintain an action in our court
. :. is not insisted on here, and seems
- - be without any foundation.
= - let the Judgment be reversed, an
cause remanded for further proceed
a ings.
n, THE MusouTo QUEsTroS.-.Jos
re Billings makes the following rcmarl