Legal Opinion

Meeks v. Whatley

Mississippi Supreme Court

Decided April 15, 1873PublishedCited by 3 opinions

Appeal from the Chancery Court of Jasper County. Deane, Chancellor. The bill in this cause was filed in the chancery court of Jasper county by complainant to perfect a tax title to the W. | of S. E. |, and S. W. | of N. E. section 25, T. 3, It. 11 E., for which he paid at tax sale, on the 9th of October, 1869, the sum of $5.64, and received a deed from It. Meeks, sheriff and tax collector of said county; this deed is exhibit A to bill.

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Appeal from the Chancery Court of Jasper County. Deane, Chancellor. The bill in this cause was filed in the chancery court of Jasper county by complainant to perfect a tax title to the W. | of S. E. |, and S. W. | of N. E. section 25, T. 3, It. 11 E., for which he paid at tax sale, on the 9th of October, 1869, the sum of $5.64, and received a deed from It. Meeks, sheriff and tax collector of said county; this deed is exhibit A to bill. The bill states that the land was assessed and sold as the property of the said M. H. Whatley for taxes of 1868; that this land was sold by Jas. U. McCormick,…

1Opinion of the Court

SlMRALL, J.:

The statute of 1860, under the provisions of which this bill was filed, makes the sales of tax collectors, thereafter had, valid to all intents, except for fraud or mistake in the assessment or sale, or unless the tax has been paid.

We have, heretofore, construed this statute as intending to impart to the sale and deed of this officer prima facia validity, conferring a title upon the purchaser, subject to be impeached and defeated for the causes above stated.

The deed to the purchaser imports prima facie that the antecedent things required by law to be done by the assessor and…

2Cases cited2 opinions

  1. Ferussac v. ThornNew York Supreme Court · 1847
  2. Rathbone v. StockingNew York Supreme Court · 1848

3Cited by3 opinions

  1. Peterson v. KittredgeMississippi Supreme Court · 1887
  2. In re CooperDistrict Court, E.D. Michigan · 1877
  3. Wisner v. BrownMichigan Supreme Court · 1883

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