O'Flinn v. McInnis
Mississippi Supreme Court
From the chancery court of Lauderdale county. Hon. Stone Heavobs, Chancellor. The appellant, Mrs. O’Flinn, filed her bill of complaint against the appellee, Mrs. McInnis, for the confirmation of the title claimed by her under a municipal tax sale of the city of Meridian, made on February 27, 1899. The defendant answered, alleging that the tax sale was void because not made on the day on which sales for state and county taxes were required to be. made (the first Monday in…
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From the chancery court of Lauderdale county. Hon. Stone Heavobs, Chancellor. The appellant, Mrs. O’Flinn, filed her bill of complaint against the appellee, Mrs. McInnis, for the confirmation of the title claimed by her under a municipal tax sale of the city of Meridian, made on February 27, 1899. The defendant answered, alleging that the tax sale was void because not made on the day on which sales for state and county taxes were required to be. made (the first Monday in March), under the act of 1888, amending the city charter (laws, p. 286, and code 1880, § 521, and code 1892, §§ 3022,…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
The action of the chancellor in decreeing the tax sale void, was correct. The amendment to the charter of Meridian, on August 29, 1893, under § 3039 of code of 1892, was inconsistent with § 3022, code of 1892. The act of 1900 (laws 1900, p. 79) provides that amendments of municipal charters, not governed by the code, might thereafter be made, whether consistent or inconsistent with chapter 93 of code. But this sale was prior to that act. Section 3022 fixing one date, and the amendment of August 29 another, the conflict is apparent, and the…
2Cases cited1 opinion
- Ragsdale v. Alabama Great Southern RailroadMississippi Supreme Court · 1889