Fanning v. Funches
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. On the 7th of April, 1882, Francis L. Fanning brought this action of ejectment against Ed. Funches and W. P. Barnes, to obtain possession of a certain tract of land, which he claimed under a tax-title. These facts were developed on the trial of the case: The land in controversy was sold to the State in 1878 for the taxes of 1877. It was subsequently bought from the State by the plaintiff.
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Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. On the 7th of April, 1882, Francis L. Fanning brought this action of ejectment against Ed. Funches and W. P. Barnes, to obtain possession of a certain tract of land, which he claimed under a tax-title. These facts were developed on the trial of the case: The land in controversy was sold to the State in 1878 for the taxes of 1877. It was subsequently bought from the State by the plaintiff. At the time of the sale to the State it belonged bo the defendants. The assessment-roll upon which the sale was based was returned…
1Opinion of the CourtCampbell, C. J.
The failure of the assessor to deliver-the assessment-roll of lauds to the clerk of the Board of Supervisors on or before the 1st of June, 1875, as required by the act approved March 6, 1875 (Acts 1875, p. 50), was cured by the act approved July 31, 1875 (Acts Special Sess., p. 10), but the meeting of the Board of Supervisors on the 12th of July, 1875, at which it received and approved said roll, was unauthorized and illegal, and its action thereon was void, and it was not validated by the act of July 31, 1875, above cited, because it is clear that the legislative intent was to cure only the…
2Cited by2 opinions
- Porter v. StillMississippi Supreme Court · 1885
- Bowman v. RoeMississippi Supreme Court · 1885