Dodds v. Marx
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. George S. Dodds brought this action of ejectment against Phillip Marx to recover possession of the following land, to wit.: “ Lot two, and thirteen feet north side of lot three, square three, Haley plat, in the town of Hazlehurst.” It appears that the land in controversy was sold on March 8, 1884, to the State for the delinquent taxes of the year 1883, and purchased by the plaintiff from the State.
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Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. George S. Dodds brought this action of ejectment against Phillip Marx to recover possession of the following land, to wit.: “ Lot two, and thirteen feet north side of lot three, square three, Haley plat, in the town of Hazlehurst.” It appears that the land in controversy was sold on March 8, 1884, to the State for the delinquent taxes of the year 1883, and purchased by the plaintiff from the State. The assessment roll for 1883 showed the two following separate entries: “ Lot two, and thirteen feet off' north side lot…
1Opinion of the CourtCampbell, J.
The landowner must be protected by payment of the taxes under an assessment sufficient to uphold a sale of the land for taxes, if payment was not made. If there are two assessments of his land, each sufficient, if it were the only one, to support a sale, and he pays under either, a sale under the other is unlawful.
Only one assessment can be lawfully made. The owner knows this, and finding one may assume that it is the only one, and act accordingly. He is not bound to inquire if there is another, or to take notice of it if it exist, and if he has knowledge of it he may pay under that most…
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