Cogburn v. Hunt
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. Upton M. Young, Judge. On the trial 'of this action of ejectment, Cogburn, the plaintiff,'to show title in himself, offered the assessment roll of lands in Warren County for 1874, the list of lands in Vicksburg sold to the State in 1875, as delinquent for the taxes of 1874, a deed from the State to one McGinfcy, and another from McGinty to himself, in all of which the description was, “ part of lot 285, sq. 59, Vicksburg…
Read the full summary
Error to the Circuit Court of Warren County. Hon. Upton M. Young, Judge. On the trial 'of this action of ejectment, Cogburn, the plaintiff,'to show title in himself, offered the assessment roll of lands in Warren County for 1874, the list of lands in Vicksburg sold to the State in 1875, as delinquent for the taxes of 1874, a deed from the State to one McGinfcy, and another from McGinty to himself, in all of which the description was, “ part of lot 285, sq. 59, Vicksburg proper,” together with testimony that the lot thus described was the one sued for. The documents were excluded .for patent…
1Opinion of the Court
Campbell, J;,
delivered the opinion of the court.
The objection to the assessment, sale list, and deed from the auditor, and that from his vendee to the plaintiff, as evidence, was properly sustained, because of the patent ambiguity in each instrument. Bowers v. Andrews, 52 Miss. 596; Holmes v. Evans, 48 Miss. 247; Brown v. Guice, 46 Miss. 299. That provision of § 1676 Code 1871, which, after directing how the assessor shall arrange lands and lots on the assessment roll, and how he shall designate them, declares, “ but no failure to observe any of these requirements shall be held to vitiate any…
2Cases cited3 opinions
- Bowers v. AndrewsMississippi Supreme Court · 1876
- Holmes v. EvansMississippi Supreme Court · 1873
- Brown v. GuiceMississippi Supreme Court · 1872
3Cited by6 opinions
- Manby v. VoorheesNew Mexico Supreme Court · 1921
- Hershey v. ThompsonSupreme Court of Arkansas · 1888
- Langstaff v. Town of DurantMississippi Supreme Court · 1920
- Cogburn v. HuntMississippi Supreme Court · 1879
- Cogburn v. HuntMississippi Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.