The daily Mississippi clarion. [volume] (Jackson, Miss.) 1866-1866, 1866-05-09
DECISIONS OF THE HIGH COURT
OF ERRoas AND APPRA
AT THE APRIL TERN. 1866.
Reported Expressly for ,he Daily Clarion
Charles Z. Learned
and Rufus F Learned,

John R. Masthews.
Justice Elicit delivered the opinion of the
Court
The plaintiffs in error on the 18th day OF
August, 1858. commenced an action of eject
/ ment in the Circuit Court of Copiah county
against the defendant IN error, TO recover q
tract of land in said county, containing two
/ hundred and sixty acres, and being the
north half of the northeast quarter of see
tion three, township nine, range seven east
the southeast quarter Of section thirty-toUI
and the west half OF the southwest quarter
of section thirty-hve, township ten, range
seven east. The defendant pleaded not
guilty. At October term, 1860, a verdict
was found for the defendant, and the plain
tI1s moved for a new tTlaI on the ground
that the court erred in oYerrullng the mo-
tion of the plaintiffs to rule out the evidence
offered by the defendant. The motion for a
new trial was overruled by the court and a
bill Of exceptions was signed setting forth
the evidence given and the proceedings had
upon the trial From this bill of exceptions
it appears that the plaintiffs proved the en-
try of the land in controversy, in the United
States Land Office, by Edward d. Learned,
in 1895 and 1886, and also that the said Ed
ward d. Learned was married on the last day
of January 1875, and died on the 9th OF
September 1887 and that the plaintiffs,
| Charles E. Learned, who was born May 10,
I-26 and Rufus F.. who was born December
%, 1884, are his only surviving heirs at law.
1t was agreed that all the evidence on the
part of the defendants should be given. sub
Ject to pc excluded and ruled out by the
court On motion of the plaintiffs, after the
evidence on both sides should be finally
closed, When all objections to the evidence
should lie stated argued and submitted as
though AIKEN at each step in the progress Of
the case
Subiect to this agreement, the defendant
gave in evidence an act of the Legislature
of the State, approved February ID, lo40,
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
i. Learned deceased, and whereas, the es-
tate of the said deceased consists chiefly of
land which Is situated in the county OF Co.
ulah, where the said Buckner Harris resides
and whereas, it is attended with great IN
nyemence to said administrator (being
public functionary) 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 Co.
piah, therefore
SIC J. Be it 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 ana tlldl t'S Ol llt Sd4h
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 Pro
bate court of said county of Kinds in rela-
ton to the estate of said Edward D. Learn
ed deceased, together with the original adj
miGistration bond entered into by said
Harris
SEC. 2 Be it. &c, That the Probate
Tufrra in M mr. Ia said f'pltIu n
be and he is hereby authorized and required
to receive said record and original bond, and
to enter the same on the records of his court,
and to require the said Buckner Harris 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. 3. Be it, &c, That this act shall be
in force from and after its passage
The defendant then gave in evidence an
order of the Probate court of Copiah county
at April term, 1S4l, that the transcript of
the proceedings of Buckner Harris, admin
istrator de b0Rjs non of the estate of 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 b. Harris as adj
minstrator de boHis non of Edward D.
Learned, dated July -, 1889, and purports to
contain the proceedings had and done in
relation to the estate OF Edward ID. Learned
deceased, in the Probate court of Kinds
county since Buckner Harris the admins
ira tor de boRis non. has taken the estate into
his Charge and it is certified by the clerk
of the Probate court of Kinds county to be
Il true copy from the records of his office, so
far as Buckner Harris, admin traitor de
b0njs non, has administered said estate
a1u 90
a petition filed by Harris. as administrators
de bonjs non of Learned, in the Probate court
OF Copiah county, at April term, lS4I repre-
senting briefly that the personal estate is
insufficient to pay the debts due by said
deceased, and praying an order for the sale
of the real estate. This petition is dated
April 10, lS4l, and is signed by Harris but
not sworn to-
Also an order of the said court, made at
June term, 1913 as follows; Ordered that
no ice by citation be given to all persons III
terested in the real estate of Edward ID.
Learned, deceased. commanding them to be
and appear before the Probate court OF Co
piah county. at the court house thereof, on
the third Monday, the DIST day of August
next. to show cause if any they can, why
the administrator de bOHis non, of the estate
OF Edward ID. Learned, deceased, should not |
then be authorized to sell all the real estate
belonging to said estate, for the benefit of
citation be published according to law
Also an order of the same court made at |
August term, lS43 reciting that the court |
was satisfied thai the personal estate of /
Learned was not sufficient to pay the de- |
mands against il, and that due notice had |
been given according to law to all persons |
to appear at tAat term to show |
cause, &c, and ordering the administrator |
de bOHjs non, of said Learned, to expose to |
public sale, on a credit of twelve months, |
large quantity of land particularly described |
IN the order, and embracing the land IN con- /
in this cause. The defendant then /
read in evidence a deed from B. Harris, adj
ministTatOr ofLeaned. to George NJ Barnes /
dated May, 1e44 and acknowledged Febru-
airy /, lr45, reciting sale made May ID, lS44,
under the last named order, and conveying a
large portion of said land, containing 5565
$500 acres including the land in cOntrover-
~, to said Barnes for the price of $3.50.
Also a deed from Barnes and wife to de
tendant, for the land in controversy, dated
Feb. ?, 1853
George NJ Barnes, the purchaser at said
sale, was examined as a witness and testl- /
lied that the sale was regularly advertised, |
and that it was a bona fde purchase and
sale, and that he bid of the land at the sale
and paid the purchase money, by giving
;redlt for the amount on judgment in favor
IF Joseph Cooper against the administrator
If Learned. Witness also stated that in
November lS47, the said Harris sent for him
md told him he wanted to make a final ac-
;ount, and report of sale of the lands of the
state of L. D. Learned. He recognized the
original account and report produced and
hOwn TO Kim. Witness wrote them under
he direction of Harris, the administrator /
The account was sworn to, and signed by
Harris, before the Judge of Probate. and the
epOTt of sale was signed by him; and tie
ecouut and report were bon returned }y
Harris to the Probate court at November
erm, 1917, and delivered to the Clerk.
The said account and report We're read IN
violence. The former shows that the money |
eeeived on the sale of land, and also the
um of $500, received from Joseph Cooper |
or the sale of the lot in Jackson, were cred
ted on Judgment IN favor of said Cooper |
he latter is a full and formal report of a I
ale of the town lot in Jackson, on the 18th /
f September, 1912, under an order of the
rebate court of Copiah county made at
une term, I04I, to Joseph Cooper for $500,
nd also of the sale of upwards of $500 acres
land in Copiah county to George NJ. ]
arnes and Thomas f. Wheeler, on the 18th !
f May, 1874, under the order made at the
ugust term, lS43, for the price of $3.50
his report is not under oath, and it is adj
litted that it and also the account Were
ndorsed by the Clerk, filed November II,
81"
Z. D. Brown was also examined as a wit I
eSs on the part of the defendant, and testi- 5
ed that about November, IS47, he had been I
ected Clerk of the Probate court of Copiah .
lunty. and was not well versed in his du- !
es; that the papers were rather loosely I
ept, that about that time a fire occurred ! q
ear the court house, the Jail being burned; '
rat the papers were thrown out, and that ]
me of them he could never after arrange,