Herndon v. Mayfield
Mississippi Supreme Court
From the chancery court of Monroe county. HoN. Hewey L. Muldrow., Chancellor. Mayfield, the appellee, was the complainant in the court below ; Herndon, appellant, was defendant there. The opinion of the court states the case. It is well established in this state that the board of supervisors is a court of limited jurisdiction, and all jurisdictional facts must appear affirmatively on its record, else the presumption is against their existence.
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From the chancery court of Monroe county. HoN. Hewey L. Muldrow., Chancellor. Mayfield, the appellee, was the complainant in the court below ; Herndon, appellant, was defendant there. The opinion of the court states the case. It is well established in this state that the board of supervisors is a court of limited jurisdiction, and all jurisdictional facts must appear affirmatively on its record, else the presumption is against their existence. Boot v. McFerrin, 37 Miss., 1; Boliver v. Goleman, 71 Miss., 832; Lester v. Miller, 76 Miss., 309. The order of the board of supervisors granting time…
1Opinion of the CourtTerral, J.
On the 2d day of March, 1896, the tax collector of Monroe county sold to J. A. Mayfield, for the taxes due thereon, the N. W. 1-4 of S. E. 1-4 of section 27, township 12, range 18 W., and conveyed the same to him. After the period of redemption expired, Mayfield filed his bill to confirm his tax title, to which he exhibited the tax collector’s deed to said land, and rested upon the presumption arising therefrom, under § 1806, code 1892, that the assessment and sale of land were legal and valid. Hern-don, in his answer, denied that the assessment roll upon which said land was sold was legally…
2Cases cited1 opinion
- McGuire v. Union Investment Co.Mississippi Supreme Court · 1899
3Cited by1 opinion
- Hunter v. BennettMississippi Supreme Court · 1928