The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-06-09
DELTA LANDS.
The Case of Messrs. Levy & Ford
Versus The Delta and Pine Land
Company and Others.
Judge Hill, of the United States
Court. Renders His Decision,
Which is One of the Most Impor-
tant Ever Delivered
In the State of Mississ,ppl-Tho De-
murrers ovorruled-A Legal Con-
test in Which Intellectual
Giants Figured.

Judge r. A. Hill, OF the United States
Court OF the District of Mississippi, has
rendered his decision overriding the dc.
murrers in the suit OF Levy Il Ford VS..
Delta and Pine Land Company and others.
Levy & Ford, of New York, the orgi-
nal owners OF POO, 600 acres OF land situated
in the Yazoo Miss Delta, through their
attorneys, Sullivan and Whitfield, filed
bill in chancery to remove clouds on title.
The case was argued two weeks ago be-
fore Judge Hill at Jackson and submitted
on demurrer, Judge Wylic =. Harris rep.
resenting the Louisville, New Orleans x
Texas Railway Company, Col. Nugent and
Mr. Frank Johnston representing Delta
and Pine Land Company and n, I. Bur
roughs Syndicate, Mr.. A. II. Whitfield
alone appearing for plaintiffs. The suit is
undoubtedly for the largcs. interest and
the decision the most important ever rem
dered in that State. The legal fight was
truly contest OF intellectual giants. The
arguments Of counsel occupied four days Of
the court. and each submitted briefs from
twenty.six TO forty pages The entire
ground was certainly coyero and the law
exhausted by the attorneys la their efforts.
The overruling Of the demurrers practi-
cally settles the several casps pending at
Vicksburg and Oxford so far rs this court
is concerned. and tho only possible hope
OF the defendants Is an appeal TO the
Supreme Court OF the United States.
This decision was rendered after most
careful investigation OF all the law touch
ing on the questions involved by the
Judge. After the decision was written IL
was read 10 the Judges OF the State Su.
preme Court, who pronounce the opinion
sound In every particular. Other eminent
counsel who have read the opinion are
convinced that il will DO affirmed by .he
| Supreme Court. lnasmuch as tho do
murrcrs raised the Statutes Of Limitations
OF 1850, 1871 aud 1873, and the overrul-
ing the demurrers practically dcprivcs the
defendants Of any case, their only hope Il
the Supreme Court OF tho United States.
Following was the decision;
In the Circuit Court Of the United States for the
Eastern Division Of Ille southern District OF Mis.
| tissippl May term, lHc9, Levy Pond v. The
| Delta aud lfnc Land Company u al
The questions now pIescutcd for dccis-
ion arise upon defendants demurrer 10
complainanis bill.
Tie bill alleges In substance, that com
plainanis are the owners In fee Of the
lands described In the bill that they have
n clear title legal and equitable thereto by
patents from the United states, and com
| Ing down by mcsnc uonvcylnces 10 them
IN an unbfUkcn chain, winch will be oX.
hibiled 20 the court on tho nearing. That
| the defendants. whom complahnanis charge,
are not the rightiul owners VI any OF said
| lands pretend TO have some claim or title
thereto, which complainanis believe and
charge, are cloudy; that cotnplainants be-
lieye aud arc informed that defendants
claim under sales made by sherils and
tax collectors OF the counties named In
the bill 10 the Boards Of Commissioners Of
said counties TO liquidaie the outstanding
liabilities incurred Tor lcycc purposes prior
20 the lst day Of January, 1852.
That complainanis are informed and be-
licye that defendants claim title 10 said
land under purchases made from tho State
OF Mississippi, on the 10th day Of May,
1870, under the provisions Of an act Of tho
Legislature OF the State, known ~ the
Abatement Act, passed on the lst day OF
March. 1875. That defendants further set
up claim 10 said lands under deeds made
ON the Both day OF September. 1884 by the
State OF Mississippi, In pursuance TO an
act OF the Legislature Of the State passed
or approved on the lith Jay Of March,
1884. And that defendants may set up
other claims 10 said land. derived from
sources unknown 10 complalnanu. All Of
which pretended titles and claims CON.
plainants aver are absolutely null and void,
and confer no title whatever and are mere
prctonscs, but that they east clouds,
doubts aud suspicious upon the rightiul
title Of conplainanis TO said lands, which
interfere with the sale Of the same, and
with the proper management, control and
disposition oi said lands by compainanis,
aud which pretended titles, conyoyanccs
aud claims they may have may, by decree
Of this court, DO declared null aud void,
and removed ~ clouds upon the righilul
title Of complainants 10 said lands, aud all
Of them. To this bill aud the allegations
and charges therein, the defendants have
intcrposod their demurrer, settling forth ms
grounds Of demurrer the following
]. That there Is no equality In the bill.
2. Tia. the bill fails 10 show any ground
Of discovery from the defendants.
.. That the bill In its slatomontsi IL vague,
uncertain aud contradictory.
4. That the bill states that defendants
claim title TO the lands In Coahoma, Boil
var, Washington aud lsseqncna Counties.
under liquidating lcyec tax sales made In
1869, and TO these lands defendants say
that the complaints arc bound by the stat
uics Of 1850.
o. That the bill states that the defend.
ants claim all the lands under sales ioT
taxes made In 1875, but that compliments
fail 10 show wherein said sales were IN
valid or void. and that Ia respect 10 them
the complalnants nro by the three year.
statute Of Limitations barred.
.. That the compliments state that the
defendants as respondents acquired title OF
claim Of title. by deeds a. cuicl, by tho
State, under the said act Of March the
18th, 1884 but fail 10 show wherein said
title Is Invalid, or why said statute Is moi
legal and effective.
z That the bill ~ experimental and
lacking In respect 10 the discovery sought
The respondent submits tuit u h known
20 the court, judicially, that the records ~
, the auditors office show oil the lnnds
claimed by the State IN lsSl aud that thl
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