Scarborough v. Elmer
Mississippi Supreme Court
From the chancery court of FEarrison county. Hon. Ti-iaddeus A. Wood, Chancellor. Scarborough, the appellant, was complainant in the court below; Elmer and another, the appellees, were defendants there. From a decree denying the complainant the full relief sought by him, he appealed to the supreme court.
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From the chancery court of FEarrison county. Hon. Ti-iaddeus A. Wood, Chancellor. Scarborough, the appellant, was complainant in the court below; Elmer and another, the appellees, were defendants there. From a decree denying the complainant the full relief sought by him, he appealed to the supreme court. The bill sought the cancellation of a tax deed executed in pursuance of a sale for taxes made March 7, 1892, for the taxes of 1891. The assessment of lands upon which the sale rested was made under the act of 1888, commonly called the Madison act. Laws 1888, ch. 9, p. 24. The learned…
1Opinion of the Court
Galhoon, L,
delivered the opinion of the court.
Appellant’s bill to cancel the tax collector’s conveyance as a cloud should have been sustained. The tax sale was on an assessment under the Madison act, approved March 8, 1888 (Laws 1888, ch. 9, p. 24), and was void. Hawkins v. Mangum, 78 Miss., 97 (s.c., 28 South. Rep., 872). The case of Butts v. Ricks, 82 Miss., 533 (s.c., 34 South. Rep., 354), is not in point.
Reversed, and decree here for complainant for cancellation of the tax deed.
2Cases cited2 opinions
- Hawkins v. MangumMississippi Supreme Court · 1900
- Butts v. RicksMississippi Supreme Court · 1903
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