McLemore v. Scales
Mississippi Supreme Court
From the circuit court of Leflore county. HoN. J. B. ChrismaN, Judge. This suit in ejectment was instituted April 5, 1888, by A. G. McLemore, Mary A., M. F. and T. De Graffenreid against appel-lee, to recover possession of 160 acres of land. Plaintiffs, except McLemore, are children and heirs of one M. T. De Graffenreid, the original owner and patentee of the land, who died leaving eleven children. McLemore has obtained the title of all the heirs except his co-plaintiffs.
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From the circuit court of Leflore county. HoN. J. B. ChrismaN, Judge. This suit in ejectment was instituted April 5, 1888, by A. G. McLemore, Mary A., M. F. and T. De Graffenreid against appel-lee, to recover possession of 160 acres of land. Plaintiffs, except McLemore, are children and heirs of one M. T. De Graffenreid, the original owner and patentee of the land, who died leaving eleven children. McLemore has obtained the title of all the heirs except his co-plaintiffs. Defendant relies upon the tax collector’s deed to one Gardner and himself, their subsequent recovery of the land in an…
1Opinion of the CourtCampbell, J.
The sale for taxes on March 3d, 1884, and the subsequent recovery in an action of unlawful detainer, in pursuance of § 538 of the code, made the title acquired by the sale and conveyance for taxes unassailable after one year from the judgment in the unlawful de-tainer. Even if the taxes for 1883 were paid, and therefore the land was improperly sold, the fact of a sale and conveyance, and action for possession, and success in the action, according to the section of the code cited, perfected the title, after one year, so as to preclude controversy as to the validity of the sale. The statute…
2Cases cited3 opinions
- Warren v. Trustees of African Baptist ChurchMississippi Supreme Court · 1874
- Brown v. AshfordMississippi Supreme Court · 1879
- Towner v. PhelpsSupreme Court of Connecticut · 1791
3Cited by1 opinion
- Carlisle v. YoderMississippi Supreme Court · 1891