Day v. Smith
Mississippi Supreme Court
From tbe chancery court of Scott county. Eon. James L. MqCaskill, Chancellor. Day and others, the appellants, were complainants in the court below; Smith and others, the appellees, were defendants there. The object of tbe suit was to remove clouds from tbe title to real estate.
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From tbe chancery court of Scott county. Eon. James L. MqCaskill, Chancellor. Day and others, the appellants, were complainants in the court below; Smith and others, the appellees, were defendants there. The object of tbe suit was to remove clouds from tbe title to real estate. The appellants, tbe complainants in tbe court below, alleged in tbeir bill that they were and are tbe rightful owners of tbe land in controversy and deraign tbeir title from one Jeffcoat, who acquired tbe land in 1889 from tbe state of Mississippi, tbe land baving been sold to tbe state in 1876 for tbe taxes of 1875.…
1Opinion of the CourtWhitfield, C. J.
The controlling question in this case is whether the sale of the land in controversy on May 6, 1861, for the unpaid taxes of 1860, and the tax deed delivered to the purchaser thereunder, in May, 1863, are void for the reason that the taxes of the two intermediate years — 1861 and 1862 — -were in aid of the confederate states government.
Code 1857, ch. 3, art. 39, p. 80, provided:
“The collector shall file all deeds for land sold to the state, or other persons, in the office of the clerk of the probate court of the county, on or before the second Monday in May, there to remain for two years from…
2Cases cited5 opinions
- Dewing v. PerdicariesSupreme Court of the United States · 1878
- Adams v. MillsMississippi Supreme Court · 1893
- Beard v. GreenMississippi Supreme Court · 1876
- Dogan v. GriffinMississippi Supreme Court · 1875
- Buck v. VasserMississippi Supreme Court · 1873
3Cited by5 opinions
- Thomas v. StateMississippi Supreme Court · 1964
- Knight v. StateMississippi Supreme Court · 1964
- Seals v. PerkinsMississippi Supreme Court · 1910
- Richton Tie & Timber Co. v. McWilliamsMississippi Supreme Court · 1953
- Thomas v. StateMississippi Supreme Court · 1964