McGee v. Holmes
Mississippi Supreme Court
Appeal from the Circuit Court of Winston County. Hon. W. M. Rogers, Judge. The case is stated in the opinion of the court. Tyson’s possession was of such a character that he could not purchase the tax-title and set it up against the right under which he held. The court should not have permitted Tyson’s alienee to have done what, clearly, he could not. Hule v. Broach, 58 Miss. 552. Holmes knew at the time of his purchase that it was rumored that plaintiff claimed the land.
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Appeal from the Circuit Court of Winston County. Hon. W. M. Rogers, Judge. The case is stated in the opinion of the court. Tyson’s possession was of such a character that he could not purchase the tax-title and set it up against the right under which he held. The court should not have permitted Tyson’s alienee to have done what, clearly, he could not. Hule v. Broach, 58 Miss. 552. Holmes knew at the time of his purchase that it was rumored that plaintiff claimed the land. If he had inquired of his vendor, Tyson, he Avould have known certainly of the claim, for Tyson says that he knew that the…
1Opinion of the CourtCooper, C. J.
The land sued for in this action was owned by Francis M. McGee, the father of the appellant, who died in 1863, leaving a widow, Mary A. McGee, and three children, two of whom have since died unmarried. Mrs. McGee died in 1879.
Before her death, Mrs. McGee, claiming the land only as widow of her deceased husband, sold the same to one Loyd, who went into possession, and in 1875 executed a deed of trust on the land to the firm of Constantine & Co. This firm was dissolved, and one Tyson, who was one of the members thereof, entered into possession of the land, claiming under the deed of trust…
2Cases cited1 opinion
- Day v. CochranCourt of Appeals of Mississippi · 1852
3Cited by6 opinions
- Smith v. SmithMississippi Supreme Court · 1951
- Pool v. EllisMississippi Supreme Court · 1886
- Jonas v. FlannikenMississippi Supreme Court · 1891
- Jones v. MerrillMississippi Supreme Court · 1892
- Humphrey v. SealeMississippi Supreme Court · 1921
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