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Edwards v. Bland

April 21, 1998

EDWARDS
v.
BLAND



Before McMILLIN, P.j., Herring, And Hinkebein, JJ.

The opinion of the court was delivered by: Hinkebein, J

LOUIS EDWARDS AND GLADYS EDWARDS, APPELLANTS v. TRAVIS W. BLAND, GARVIS C. BLAND, JAMES THOMAS BLAND, EVELYN B. CRAWFORD, AND DONALD M. BLAND, APPELLEES

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 05/28/96

TRIAL JUDGE: HON. ROBERT L. LANCASTER

COURT FROM WHICH APPEALED: WEBSTER COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - REAL PROPERTY

TRIAL COURT DISPOSITION: CONFIRMED TITLE IN BLANDS.

DISPOSITION AFFIRMED - 4/21/98

Dissatisfied with the judgment of the Webster County Chancery Court confirming title to disputed property in the Blands, the Edwards assign the following points of error to the chancellor's ruling:

I. MAY A CHANCELLOR RELY UPON AN ALLEGED ERROR THAT OCCURRED BEFORE LAND WAS SOLD TO THE STATE FOR NON-PAYMENT OF TAXES IN 1931 TO VOID A LAND PATENT ISSUED BY THE STATE IN 1935, SIXTY YEARS AFTER APPELLANTS' ANCESTOR AND PREDECESSOR IN TITLE MOVED UPON AND OCCUPIED THE PROPERTY UNDER SAID PATENT IN 1936?

II. MAY A CHANCELLOR REFUSE TO CONFIRM TITLE TO LAND WHEN CLAIM OF OWNERSHIP IS CONCEDED BY THE OPPOSING PARTIES?

Holding the Edwards' assignments of error to be without merit, we affirm the judgment ...


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