Legal Opinion

Hardie v. Chrisman

Mississippi Supreme Court

Decided October 15, 1882PublishedCited by 5 opinions

Appeal from the Circuit Court of Lawrence County. Hon. S. S. CalhooN, Judge, specially presiding, by exchange with Hon. J. B. ChrihmaN. This is a suit in ejectment brought by James Hardie and Isabella Brigins against J. B. Chrisman and Charles Chrisman, to recover the possession of 160 acres of land. The plaintiffs introduced in evidence a patent issued by the United States to themselves in 1859, and rested.

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Appeal from the Circuit Court of Lawrence County. Hon. S. S. CalhooN, Judge, specially presiding, by exchange with Hon. J. B. ChrihmaN. This is a suit in ejectment brought by James Hardie and Isabella Brigins against J. B. Chrisman and Charles Chrisman, to recover the possession of 160 acres of land. The plaintiffs introduced in evidence a patent issued by the United States to themselves in 1859, and rested. The defendants, who were in possession of the land, introduced a tax-deed from O. A. Cox, tax-collector for Lawrence County, under which they claimed title. This deed was executed and…

1Opinion of the CourtCampbell, C. J.

The first Monday in July, 1867, was the time fixed by tbe act approved December 1, 1863 (Acts, p. Ill), for the sale of lands delinquent for taxes, which act was in operation in 1867, and governed the sales made in that year. The deed of the tax-collector to Chrisman vested in him a title not assailable except for fraud or mistake in the assessment or sale, or upon proof that the taxes had been paid on the land before the sale. Act approved February. 10, 1860; Acts 1859-60, p. 213. This act made the deed evidencing a sale of land for taxes prima facie evidence of a good title, because the…

2Cases cited1 opinion

  1. Greene v. WilliamsMississippi Supreme Court · 1881

3Cited by5 opinions

  1. McLemore v. AndersonMississippi Supreme Court · 1907
  2. Bower v. Chess & Wymand Co.Mississippi Supreme Court · 1903
  3. French v. McAndrewMississippi Supreme Court · 1883
  4. Barron v. EasonMississippi Supreme Court · 1946
  5. Wheeler & Wilson Manufacturing Co. v. LigonMississippi Supreme Court · 1885

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