Swinney v. Cockrell
Mississippi Supreme Court
Fbom the chancery court of Leflore county. Hon. Peecy Bell, Chancellor. Cockrell, the appellee, Was complainant, and Mrs. Swinney, the appellant, defendant in the court below.
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Fbom the chancery court of Leflore county. Hon. Peecy Bell, Chancellor. Cockrell, the appellee, Was complainant, and Mrs. Swinney, the appellant, defendant in the court below. On September 27, 1904, appellant sold, by deed of general warranty, an undivided half interest in certain lands constituting a plantation in Leflore county to appellee, he owning the other half interest, and took his notes for some deferred payments, and a deed of trust was given by appellee, on the property sold, to secure these payments. The first note fell due on February 1, 1905. On December 28, 1904, appellee paid…
1Opinion of the CourtTeuly, J.
The demurrer to the bill of complaint was properly overruled. The general covenant of warranty in the deed from Mrs. Swinney to Cockrell, executed on September 27th, covered the taxes for the current year on the undivided half interest in the lands thereby conveyed. It was her duty to pay her proportion of the tax when the same became due and payable under *322the fiscal laws of the state regulating the collection of taxes. By Code 1892, § 3801, it is made “the- duty of every person assessed to'pay his taxes to the collector on or before the fifteenth day of December.” In default of payment by…
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