Bowers v. Andrews
Mississippi Supreme Court
Error to tbe Circuit Court of Madison County. Hon. W. B. CUNNINGHAM, Judge. This case is quite fully stated in the opinion of the court.
Read the full summary
Error to tbe Circuit Court of Madison County. Hon. W. B. CUNNINGHAM, Judge. This case is quite fully stated in the opinion of the court. The errors assigned are substantially as follows : 1. The court erred in sustaining defendant’s objection to plaintiff’s reading in evidence the sheriff and tax collector’s ■deed, and in refusing said deed to be read in evidence. 2. In excluding the testimony of J. W. Jinkins. 3. In refusing to allow in evidence the assessment roll. 4. In refusing to permit the tax collector’s deed to be read 'in evidence when offered in connection with the assessment roll.…
1Opinion of the CourtSimrall, C. J.
The single question presented by the record is whether the deed offered in evidence by the plaintiff was admissible.
The objection taken to it was that it was void for uncer tainty in the description of the property.
■ The premises are as follows : “ R. J. Boss, tax collector of Madison county, has this day sold the following lands, to wit, lot and residence in Madison Station, for the taxes assessed to the reputed owner thereof, Thomas McMahon, for the year 1871.”
The officer, in making the sale, was acting in virtue of statutory power. Iiis- proceeding was in invitum. The words ‘ ‘ for the…
2Cases cited2 opinions
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Doolittle v. BlakesleySupreme Court of Connecticut · 1810
3Cited by37 opinions
- Marriner v. DennisonCalifornia Supreme Court · 1889
- Dingey v. PaxtonMississippi Supreme Court · 1883
- Miller v. CookIllinois Supreme Court · 1890
- Sloan v. SloanSupreme Court of Florida · 1889
- Dutch v. BoydIndiana Supreme Court · 1881
32 more not listed; retrieve them via the Exa API.