The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1890-05-10
MUCH ADO ABOUT NOTHING.
To the Editor OF the Commercial:


Greenwood, Miss, April 2s.-As
much uneaslness is expressed by per-
sons holding titles to land in the
famous "Yazoo- Mississippi Delta" un-
der what is known as the "Swamp
Land Entries" | deem ii proper to say
that wherever the entries were made
in the swamp counties with the scrip
of any other swamp county," such
entry is good and valid, and the title
hereunder will not be declared void
by the courts.
Persons claiming under such entries
will only be wasting their money by
paying the IL l-2 cents per acre and
other costs and charges incident there
to, not the least of which is the lawyers
fees for making the abstracts Of their
titles.
In discussing this matter with Judge
j. b. Chrisman, one Of the most dis
tinguished Circuit Judges in this
State, and with Hon. I. n. Miller, the
Attorney General of Mississippi, they
agree with me in the expression of the
above opinion.
In fact, Judge Chrisman and Gen.
Miller both declare that they hold
lands in the Delta which we're entered
with scrip of other counties than those
in which the lands are situated, but
they say they have no fears Of their
titles being disturbed, and that they
will not pay anything to procure the
States patent, under the recent act Of
the Legislature, which is causing so
much excitement. An erroneous i'm
preston prevails among some persons
that the statute of limitations does not
run against the State, but the truth is
the statute of limitations was in force
from October, 1857, and ran against
the State just the same as 1t did an in
dividual until some time in 1873, when
IL was repealed.
But If the title by limitation had
existed for ten years before the act of
1879 was passed, then the State and
any person claiming by subsequent
patent from the State, is as completely
barred as If such lands bad been origi-
nslly patented from the United States.
think the coming State Constitu-
tional Convention should put this
question at rest--and have no doubt
1t will do so, and recognize The original
entries as valid.
| have in my abstracts Of title to
real estate of Lefore county, at Green
wood, copies of the original entries,
and will willingly show them free Of
charge to any person interested in such
lands. L. p. YERaER.
[Mr. Yerger's construction Is now
borne out by an opinion Of the Attor-
ney General as will be seen by the fol-
lowing. As il is the lands Of the coun-
ties named that has mainly If not Who'll
ly occasioned the recent excitement,
under the views here presented there
Is hardly occasion for relief or further
leglslatlon.I
Especial to the Avalanche.]
Jackson, Miss, May 3.-Attornsy-
General Miller to-day, in response to a
request from Coy. Stone, gave an ex-
haustive opinion reviewing the swamp
land act of February II, 1890, and Su-
preme Court decisions. He concluded
by saying il is clear to his mind that
there is no cause for apprehension
among holders of swamp lands based
on the use of scrip Issued to one coun-
ty and located on land in any other
county in the same swamp land dis
trict, basing his opinion on the acts of
1852 and 1854 and reasoning of the
court in jackson vs.. Dilworth in 10
George and the dictum in Green vs..
State to the contrary, Sc Mississippi,
is condemned. This opinion affects
land in the counties of Bolivar, Wash
ington, Issaquena and Coahoms.