Cogburn v. Hunt
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. U. M. Young, Chancellor. The case is sufficiently stated in the opinion of the court. The question here presented is, whether the Chancery Court can reform the assessment of property so as to make it represent what the parties intended it should, and then subject the property assessed to the payment of the taxes for the non-payment of which it was sold, where the assessment was given in by the owner.
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Appeal from the Chancery Court of Warren County. Hon. U. M. Young, Chancellor. The case is sufficiently stated in the opinion of the court. The question here presented is, whether the Chancery Court can reform the assessment of property so as to make it represent what the parties intended it should, and then subject the property assessed to the payment of the taxes for the non-payment of which it was sold, where the assessment was given in by the owner. In Cummings v. Steele, 54 Miss. 648, it was held that a deed containing a patent ambiguity could be reformed by the Chancery Court. If,…
1Opinion of the CourtChalmeRS, J.
Complainant, holding a tax-deed to a lot of ground in the city of Vicksburg, imperfectly described in said deed, brought ejectment thereon and was defeated, because the uncertainty of description, being patent, could not be explained by extrinsic evidence. The case is reported in 54 Miss. 675.
He now files this bill, for the purpose of fastening upon the property a lien for the taxes, with interest and damages, paid out by him in the purchase and since. The bill charges that the description in the deed was the description given in to the assessor under oath by the owner; that but for said act…
2Cases cited2 opinions
- Coleman v. Galbreath, Stewart & Co.Mississippi Supreme Court · 1876
- Cogburn v. HuntMississippi Supreme Court · 1877
3Cited by8 opinions
- Cannon v. BarryMississippi Supreme Court · 1881
- Morrison v. JacobyIndiana Supreme Court · 1888
- Brewer v. Folsom Bros. Co.Wyoming Supreme Court · 1931
- Croskery v. BuschMichigan Supreme Court · 1898
- Hershey v. ThompsonSupreme Court of Arkansas · 1888
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