Hoskins v. Illinois Central Railroad
Mississippi Supreme Court
From the circuit court of Lincoln county. Hon. Robert Powell, Judge. Hoskins, appellant, was plaintiff in the court below, and the railroad company, appellee, was defendant there. The action was in ejectment. The defendant claimed the land under a tax title, made in 1885 for the taxes of 1884, and showed full three years’ actual adverse possession- of the premises thereunder before the beginning of the suit.
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From the circuit court of Lincoln county. Hon. Robert Powell, Judge. Hoskins, appellant, was plaintiff in the court below, and the railroad company, appellee, was defendant there. The action was in ejectment. The defendant claimed the land under a tax title, made in 1885 for the taxes of 1884, and showed full three years’ actual adverse possession- of the premises thereunder before the beginning of the suit. It was shown by the plaintiff that the land had been homesteaded from the United States government in 1882, and the homesteader from whom plaintiff derives title had not perfected his…
1Opinion of the CourtTerral, J.
Land entered under the homestead laws of the United States may not be sold for taxes assessed before the time at which a right to a patent is perfected. A sale before such time is absolutely void, and cannot support, under §2735, code 1892, a. claim of title by reason of three years actual occupation thereunder. Section 2735 applies to sales of lands only that are taxable and- salable, and in which there is some defect in the proceedings relating to the assessment or sale. In such case the owner, knowing his land to be taxable, ought to be on his guard against their loss by any negligence of…
2Cases cited2 opinions
- Patterson v. DurfeyMississippi Supreme Court · 1891
- Carlisle v. YoderMississippi Supreme Court · 1891
3Cited by9 opinions
- Hamner v. Yazoo Delta Lumber Co.Mississippi Supreme Court · 1911
- Kennedy v. SandersMississippi Supreme Court · 1907
- Grant v. MontgomeryMississippi Supreme Court · 1942
- Arizona Land & Stock Co. v. MarkusArizona Supreme Court · 1931
- Eastland v. Yazoo Delta Lumber Co.Mississippi Supreme Court · 1907
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