Lewis v. Seibles
Mississippi Supreme Court
Appeal from the Circuit Court of Lincoln County. Hon. J. B. Chrisman, Judge. Cornelia L. Seibles brought this action of ejectment against E. Y. Lewis to recover possession of a certain tract of land in Lincoln County, on Dec. 10, 1885. On the trial in the court below the plaintiff introduced a tax collector’s deed in the statutory form, of date, Feb. 1, 1875, which purports to convey the land in dispute to her.
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Appeal from the Circuit Court of Lincoln County. Hon. J. B. Chrisman, Judge. Cornelia L. Seibles brought this action of ejectment against E. Y. Lewis to recover possession of a certain tract of land in Lincoln County, on Dec. 10, 1885. On the trial in the court below the plaintiff introduced a tax collector’s deed in the statutory form, of date, Feb. 1, 1875, which purports to convey the land in dispute to her. The part of this deed necessary to be set out is as follows : “ The State oe Mississippi, Lincoln County. 1, A. O. Cox, Tax Collector of Lincoln County, have this day, according to…
1Opinion of the CourtCampbell, J.
In Hanna v. Renfro, 32 Miss. 125, it was decided that a tax collector’s deed which designated the section, township and range, but not the County or State in which the land lay was not void for uncertainty of description, and it was said in the opinion in that case that “it was but a latent ambiguity which was susceptible of explanation.” In our view such a deed does not present any ambiguity at all. There is no other land to which it could be applied than the particular section in the county in which the grantor was tax collector. The deed is a nullity as to land out of the county, and it is…
2Cases cited1 opinion
- Hanna v. RenfroMississippi Supreme Court · 1856
3Cited by4 opinions
- Allen v. GilkisonIndiana Court of Appeals · 1921
- State ex rel. Arthurs v. Board of County CommissionersMontana Supreme Court · 1911
- Ladnier v. LadnierMississippi Supreme Court · 1898
- Wilkinson v. WebbMississippi Supreme Court · 1897