Nelson v. Abernathy
Mississippi Supreme Court
From the chancery court of the second district of Chickasaw county. The appellant filed his bill in equity for the cancellation of certain tax deeds as clouds upon his title, alleging as to thirty-seven acres of the land that the description by which it was sold and conveyed by the collector was void for uncertainty, and that, as to a certain other tract, the collector did not sell in the manner required by law, in that he offered the same for the taxes due thereon in…
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From the chancery court of the second district of Chickasaw county. The appellant filed his bill in equity for the cancellation of certain tax deeds as clouds upon his title, alleging as to thirty-seven acres of the land that the description by which it was sold and conveyed by the collector was void for uncertainty, and that, as to a certain other tract, the collector did not sell in the manner required by law, in that he offered the same for the taxes due thereon in forty-acre lots, and, finding that the first forty acres offered did not bring the amount of taxes due, then offered another…
1Opinion of the CourtWhitfield, J.
The description, '££ 37 acres in the N. of Sec. 1, T. 13, R. 4,” was void for uncertainty. Sims v. Warren, 67 Miss., 278; Pearce v. Perkins, 70 Miss., 276. As to the other lands, it is *168distinctly averred in the bill, and admitted by the demurrer, both that the sheriff offered first one forty-acre tract, and then another, disconnected from it, and so on, and then the whole of that tract, and did not add the second forty-acre tract to the first, and the third to the first two, and so on, and that, in offering each forty-acre tract, he failed entirely to designate or describe each such lot in…
2Cases cited4 opinions
- Gamble v. WittyMississippi Supreme Court · 1877
- Sims v. WarrenMississippi Supreme Court · 1889
- Pearce v. PerkinsMississippi Supreme Court · 1892
- Griffin v. EllisMississippi Supreme Court · 1885
3Cited by13 opinions
- Thompson v. Auditor GeneralMichigan Supreme Court · 1933
- Carr v. BartonMississippi Supreme Court · 1935
- Sack v. Gilmer Dry Goods Co.Mississippi Supreme Court · 1928
- Womack v. Central Lumber Co.Mississippi Supreme Court · 1922
- State v. WilkinsonMississippi Supreme Court · 1944
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