Legal Opinion

Cato v. Gordon

Mississippi Supreme Court

Decided October 15, 1884PublishedCited by 1 opinion

Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. This is an action of ejectment brought in April, 1882, by Thomas B. Cato, to recover from Dennis Gordon a certain tract of land claimed by the plaintiff under a tax-title. The land was sold to the State on the 15th of August, 1871, for the taxes of 1870 due thereon.

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Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. This is an action of ejectment brought in April, 1882, by Thomas B. Cato, to recover from Dennis Gordon a certain tract of land claimed by the plaintiff under a tax-title. The land was sold to the State on the 15th of August, 1871, for the taxes of 1870 due thereon. It was held by the State on the 10th of May, 1875? when it was sold under the “ Abatement Act,” and on that day was again struck off to the State. This land was conveyed by the auditor of public accounts on the 15th of June, 1877, to H. W. Cato, who, on the…

1Opinion of the CourtCampbell, C. J.

Cochran v. Baker, 60 Miss. 282, is decisive of this case. The precise objection to the title claimed derivatively from the State by virtue of its purchase under the “ Abatement Act,” and subsequent sale is that “the board of supervisors did not hold a meeting at the court-house at any time authorized or appointed by law ‘to hear objections, to equalize the assessment, and to examine and receive the same,”’ and the contention is that it was not in the power of the legislature to cure such irregularity without giving the taxpayer a day in court to show cause against the assessment. We do not…

2Cases cited1 opinion

  1. Cochran v. BakerMississippi Supreme Court · 1882

3Cited by1 opinion

  1. Prophet v. LundyMississippi Supreme Court · 1886

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