Legal Opinion

Virden v. Bowers

Mississippi Supreme Court

Decided October 15, 1877PublishedCited by 17 opinions

Error to the Circuit Court of Madison County. Hon. A. G. Mayers, Judge, specially presiding, by exchange with Hon. S. S. Calhoon. brought an action of ejectment against William Chambers for the possession of a certain tract of land. Before the trial of the case, E. Yirden, the plaintiff in error, upon his application as landlord, was substituted by the court for Chambers, and permitted to defend the action.

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Error to the Circuit Court of Madison County. Hon. A. G. Mayers, Judge, specially presiding, by exchange with Hon. S. S. Calhoon. brought an action of ejectment against William Chambers for the possession of a certain tract of land. Before the trial of the case, E. Yirden, the plaintiff in error, upon his application as landlord, was substituted by the court for Chambers, and permitted to defend the action. The plaintiff below offered in evidence the tax-collector’s deed conveying to him the land in controversy; to the admission of which the defendant objected (1) because the evidence did not…

1Opinion of the CourtSimrall, C. J.

It is assigned for error that the court below ought not to-have allowed the tax-collector’s deed in evidence to the jury, without first showing as a foundation therefor that the land had been properly assessed; that the occupant, or reputed' owner, had not sufficient personal property to pay the taxes ;• that notice and demand had been given and .made before the sale; that the sale .was duly advertised, and regularly made.

In support of this assignment, and other positions taken by the plaintiff in error, on the trial in the Circuit Court, it is contended that the sections of the Code, 1677…

2Cases cited4 opinions

  1. Ware v. BradfordSupreme Court of Alabama · 1841
  2. Stoudenmire v. BrownSupreme Court of Alabama · 1872
  3. Griffin v. DoganMississippi Supreme Court · 1873
  4. Belcher v. MhoonMississippi Supreme Court · 1873

3Cited by17 opinions

  1. Hamner v. Yazoo Delta Lumber Co.Mississippi Supreme Court · 1911
  2. Roberts v. First National BankNorth Dakota Supreme Court · 1899
  3. Adams v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1897
  4. Illinois Central Railroad v. MinorMississippi Supreme Court · 1892
  5. McCague Investment Co. v. MallinWyoming Supreme Court · 1918

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