The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1890-04-26
Legislative BIunder-NOre Confusion In
Land Titles.

years past. the clouds, conflicts and
complications in land titles in the
Delta have become proverbiaL These
have mainly grown out of the aban-
donment by owners years ago, rather
than comply with the tax levies for
leyee purposes necessary. Such
forfeitures were followed by sales
and re-sales by the State and the
different Levee Boards and multi
plieity of Legislative acts to vest and
perfect titles. In constituting these acts
the courts would invariably discover
defects, a source of suits in endless
succession. The goal of quiet posses
sion has only been approached, never
reached. Thus the course Of land
ownership has flowed for oyer 20 years.
When the act of 'sS was passed and
practically stood the test of courts, the
dream of secure titles seemed like to
grow into reality. But this was
'.reckoning without the host" There
was a reserve store of title entangle-
ment to make itself felt.
1t seems that some 80 years ago or
so the Supreme Court had rendered q
decision adverse to the custom under
which much of the "swamp and over
flowed lands' had been patented.
Strangely, SO far as the TINES is inform
cd, this decision had faded into ainnoc-
uous desuetude," was salted away to
form au unknown quantity and be res
urrected when other resources of title
deyilment had been exhausted. The
act of 'SS promised the thread by
which the labyrinth could be escaped,
when, says the Attorney-General in a
historical sketch, "a well known gen.
tleman from the Delta' applied for the
purchase of tracts Of land in his county
Of the swamp and overfiowed variety.
The application being referred to him,
Governor Lowry announced that the
lands, held in what was deemed secure
possession, were not for sale. Then the
said gentleman from the Delta" drew
this long lost decision and demanded
his pound of flesh; or rather the entire
carcass. Governor Lowry with that
commcndable zeal and courage in the
public behalf which marked his whole
and long executive career) refused to
execute the law or the decision which
obeyed would have been robbery OF
thousands of people. To block such
wrong Attorney General Miller, at the
Governors request, drafted bill but
it was not lin 1SSs) enacted. In 1890
such law was passed, but the
requirement that the thirty year
old cloud could only be removed by
paying a price of IL 1-2 cents per acre
has raised no end of discomfort and
bids fair TO call for further remedial
action, The following clear aud con
else statement, to the Commercial, by
the Hon. j. G. Longstreet illustrates
the case:
, "By the opinion of the Attorney
: General land in it he is supported b,
the decision of the Supreme Court o
: Mississippi in the case of Jackson VS.
/ the Sec etary of State, 10 Geofge), al
) swamp and submerged lands erron
r eously entered are practically vecant
and as such, subject TO purchase aut
Q sale. Il is not necessary to explain :,
t. detail in what the error consisted
except to say briefly that the oligina
y warrants for scrip required the land
! to be located and entered in certain
Q named counties of the State, and tina
y III thousands of instances the land
It were loo ted in many counties of tn
State other than those expressly name,
in the original statute. In every in
u stance of the kind mentioned, tn
entries, according to the decision o
/" the Supreme Court and the opinion o
# the Attorney-General, were void.
t. was insisted without avail in the cas-,
}, cited that the language of the warran
for scrip showed that the warrant wa
. intended to be located upon any of tn
. submerged lands donated to the Stat
y by the act of Congress, of like char
o acter, though they did not lie in tn
counties expressly enumerated. Tn
Legislature of Mississippi of $780, rea
izing the hardships and the gross in
1t justice that might be inflicted upoi
ii honest claimants, Withdrew the swan
It aud overfowed lands from sale by &C
c. approved February IL, 1890, and pre-
vjded that persons in possession, o
g claiming title In good faith, to land
r, which had been enormously entered
g, should have preference IN the rt
b purchase of same on the terms fixe
q in the original act,
y When Mr.. Wilson, the Swamp Ian
= Commissioner, who, with commend
able diligence, presented the matter
all its bearings to the Attorne,
General aud published his opinion
o. and when the discovery of the gray
Il: errors in the original entries was in
%, pressed upon the people, there W,
ri wide CONSERVATION and anxiety anon
70 land owners. The title to Thousand
nd of acres of the best lands in the Sta
k were unsettled by 1t, and claimants
O; land by purchase and throug
se, ancestors and grantors for oftentim
*, thirty and forty years, were informe
af. that neither they nor those throue
whom they claimed had acquired al
rights by purchase or patent. AT Il
outset, then, as have said, there w
great CONSERVATION, and the first II
lat pulse in the minds of claimants
We doubtful titles was to take immedia
=. advantage, at any expense, of the pr
w visions of the act of the Legisatu
aud seek to perfect their titles. No
M however, fear is giving way in part
calm deliberation, and there seer
u.s. to some of us to be a solution of u
trouble.
ms AS ] understand the matter, we mi