Chambers v. Myrick
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wi-iarton, Judge. The appellee brought an action of ejectment against the appellants claiming the land in controversy as having been sold to the-State under the “Abatement Act,” approved March 1, 1875. On the trial he introduced in evidence the certified list of lands sold to the State which recited the following: “List of lands in Hinds County, Mississippi, sold to the State for non-payment of State and teachers’…
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wi-iarton, Judge. The appellee brought an action of ejectment against the appellants claiming the land in controversy as having been sold to the-State under the “Abatement Act,” approved March 1, 1875. On the trial he introduced in evidence the certified list of lands sold to the State which recited the following: “List of lands in Hinds County, Mississippi, sold to the State for non-payment of State and teachers’ fund and county taxes of the fiscal year 1874, at a sale made May 10, 1875, pursuant to an act approved March 1, 1875,…
1Opinion of the CourtCampbell, C. J.
The appellee, who was plaintiff below, failed to show that the land sued for and claimed by him as having been sold under the “Abatement Act,” approved March 1, 1875, was of the class of lands embraced by that act, viz.: such as were delinquent for taxes for a *463year prior to 1874 and held by the State by purchase for such delinquency. Gamble v. Witty, 55 Miss. 26. It was incumbent on him to produce evidence of that. The list of lands sold to the State, certified by the collector, was prima fade evidence of the validity of the assessment and sale, and did not import anything as to the…
2Cases cited3 opinions
- Dingey v. PaxtonMississippi Supreme Court · 1883
- Gamble v. WittyMississippi Supreme Court · 1877
- Cochran v. BakerMississippi Supreme Court · 1882
3Cited by3 opinions
- Kennedy v. SandersMississippi Supreme Court · 1907
- National Bank of the Republic v. Louisville, New Orleans & Texas RailwayMississippi Supreme Court · 1894
- Outlaw v. MayoMississippi Supreme Court · 1885