The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-06-16
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The plaintlna N erw m ne lilh
day n Augpa, 1868, commenced IN
aetim N tecimehi, In lho tifenit
rmifl n coplah eemnly, aeslnsi lhe
defendant IN error, ~ fec8vef = lfael
~ land IN aaid eouniy, containing
two hundred md sixty aefss, sad
leing ihe north half n the northeast
quarter n scction three, township
nine, range seven east, The southeast
quarter NJ section thlfiyafouf and The
west half " the southwest quaflef NJ
section ihiriy.Gyc, township ten,
range soyen east. The defendant
pleaded not guilty. AZ October ierm,
1860, q verdict waa found fof the
defendant, and The plaintiffs moved
for new trial, on the ground that
The court erred In overriding tho
motion oi the plaintiffs 10 rule out
the evidence offered by the defendant.
The motion for new trial was over
ruled by the court and a bill Of ex.
ccpiions was signed setting forth the
evidence given aud the proceedings
had upon the trial. From this bill
Of exceptions Il appears that the
plaintiffs proved the entry Of the
land In controversy In the United
States Land Office, by Edward d.
Learned, In 1885, and 1896, aud also
that the said Edward ID. Learned
was married on the last dny of Jan
uary, 1926, and died on the 9th day
Of September, 1887; and that the
plaintiffs, Charles Il. Learned, who
was born May 10, 1926, and Rufus
f., who was born December 20,
1884, are his only surviving heirs at
law.
II was agreed that all the evidence
on the part of the defendants should
be given, subject to be excluded and
ruled out by the court ON motion Of
the plaintiffs, after sthe evidence on
both sides should be finally closed, !,
when all objections to the evidence
should be stated, argued and submit
ted as though taken at each step in
the progress Of the case.
Subject to this agreement, the de-
fendant gave in evidence an act of
the Legislature of the State, approved
February IL, 1910, entitled "An act
for the relief Of Buckner Harris" as
follows:
"Whereas, the Honorable Buckner
Harris has become the administrator
in the county Of Kinds Of the estate
Of the late Edward d. Learned, de-
ceased, and whereas, the estate of the
said deceased consist chiefly Of land
which is situated in the county Of
Copiah, where the said Buckner Har-
ris resides, and whereas it is attended
with great inconvenience to said ad-
ministrator (being a public function
ary) to attend the Probate Court OF
said county Of Kinds, and would be
to the advantage Of said estate TO
have the same administered in the
county Of Copiah, therefore
"Sec. /. BE il enacted, &c, That
the Judge Of Probate in and for the
county Of Kinds, be and he is hereby
authorized and required, at the cost
and charges Of the said Buckner
Harris, to transfer and transmit to
the Judge Of Probate Of the county
of Copiah a full and complete copy
Of the record Of all the proceedings
heretofore had in the Probate Court
of said county Of Kinds in relation
to the estate Of said Edward ID.
Learned, deceased, together with the
original administration bond entered
into by said Harris.
"Scc 2. Be il, &C., That the Pro-
bate Judge in and for the said county
Of Copiah, be and he is hereby au-
thorized and required to receive said
record and original bond, and TO en-
ter the same on the records Of his
court, and to require the said Buck
ncryHarris TO administer and conduct
the affairs Of said estate, and account
for the same, in the same manner as
If letters Of administration had been
originally granted by the Probate
Court Of the county Of Copiah.
"sec. 8. Be Il, de-, That this act
shall be in force from and after il
passage"
The defendant then gave in evil
dence an order Of the Probate Couri
Of Copiah county at the April term
1sil, THAT ths-transcript Of the pro.
ceedings Of Buckner Harris, admin.
istrator de 5onis non Of the estate O
Edward ID. Learned, deceased, from
the Probate Court Of Kinds county
be received and filed for record"
Also a copy Of the said transcript
which contains the bond given by u
Harris, as administrator de bonis noI
Of Edward ID. Learned, dated Jul,
%, 1889, and purports to contain
"the proceedings had and done il
relation TO the estate Of Edward u
Learned, deceased, In the Probat
Court Of Kinds county, since Buck
. ner Harris, the administrator de boHi
non, hss taken the estate into hi
charge;" and Il is certified by th
clerk Of the Probate Court Of Hind
county, to be a true copy from th
records Of his office, $50 far As Buck
!, ner Harris, administrator dc bon
? non, has administered said estate"
Defendant also gave in evidence
1 copy Of o petition fled by Harris,
/, administrator dc bonis non Of Learnes
' in the Probate Court Of COpia
1 county, al April term, ls4l. repr'
!. senting briefly that the person
: estate Z insufficient 10 pay the deb
i due BY said deceased, and praying
= a n =.