Nevin v. Bailey
Mississippi Supreme Court
Appeal from the Circuit Court of Lincoln County. IIon. A. G. Mayers, Judge, presiding by interchange with Hon. J. B. Chrisman. On the 23d of January, 1884, P. J. Nevin brought this action of ejectment to recover of W. H. Bailey and others certain lands claimed by the defendants under tax sales made in the years 1871 and 1872. The defendants plead “not guilty.”
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Appeal from the Circuit Court of Lincoln County. IIon. A. G. Mayers, Judge, presiding by interchange with Hon. J. B. Chrisman. On the 23d of January, 1884, P. J. Nevin brought this action of ejectment to recover of W. H. Bailey and others certain lands claimed by the defendants under tax sales made in the years 1871 and 1872. The defendants plead “not guilty.” A jury was waived and the case submitted for trial to the judge, who rendered a judgment in favor of the plaintiff as to an undivided one-half interest in the lands sued for, and in favor of the defendants as to the other undivided…
1Opinion of the CourtCooper, J.
By § 1709 of the Code of 1871, it was declared that “No suit shall be commenced in any court of this State to invalidate any tax titles to lands after three years from the time said land was sold for taxes.”
The defendants claimed the locus in quo under tax sales made after the adoption of the code, and more than three years elapsed after the sale and before the institution of this suit. The titles acquired by the defendants are attacked on the ground that the Board'of Supervisors of Lincoln County examined and received the assessment rolls under which the sales were made at an adjourned…
2Cited by11 opinions
- Maxwell v. PageNew Mexico Supreme Court · 1917
- Sigman v. LundyMississippi Supreme Court · 1889
- Patterson v. DurfeyMississippi Supreme Court · 1891
- Hooper v. WalkerMississippi Supreme Court · 1947
- Bull v. MartinezNew Mexico Supreme Court · 1939
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