Morgan v. Doe ex dem. Harrell
Mississippi Supreme Court
In error from the circuit court of Amite county; Hon. Stan-hope Posey, judge. The facts are contained in the opinion of the court. If there was not a legal assessment, there certainly could not be a legal sale of the land. The board of police, under such circumstances, had no power to appoint an assessor.
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In error from the circuit court of Amite county; Hon. Stan-hope Posey, judge. The facts are contained in the opinion of the court. If there was not a legal assessment, there certainly could not be a legal sale of the land. The board of police, under such circumstances, had no power to appoint an assessor. The act of 1846 says, “ that if any assessor shall fail or neglect, from any cause, to perform his duties required of him by this act, it shall be the duty of the board of police to appoint another assessor,” &c. Hutch. Code, 189, § 23. This act only contemplates a failure or neglect to do…
1Opinion of the CourtJustice Handy
The defendant in error brought ejectment in Amite circuit court against the plaintiff in error, cláiming title under a sale made by a tax collector. After proof of the plaintiff’s title below, the defendant offered to prove that the person who assessed the land, and under which the sale was made to the plaintiff, was appointed by the board of police after the former assessor had resigned, and that the assessment and sale were void. To the admission of this evidence, the plaintiff objected, and the objection was sustained; to which the defendant excepted ; and this presents the only point for…
2Cited by1 opinion
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