Mayson v. Banks
Mississippi Supreme Court
Appeal from the Circuit Court of Madison County. Hon. S. S, Calhoon, Judge. After the plaintiff in ejectment proved that he was tenant by the curtesy and rested, the defendants introduced an auditor’s deed, with the evidence stated in the opinion, in order to show a title to the land under a sale for taxes of his deceased wife ; when the court, sitting without a jury, found for the plaintiff, and the defendants appealed.
Read the full summary
Appeal from the Circuit Court of Madison County. Hon. S. S, Calhoon, Judge. After the plaintiff in ejectment proved that he was tenant by the curtesy and rested, the defendants introduced an auditor’s deed, with the evidence stated in the opinion, in order to show a title to the land under a sale for taxes of his deceased wife ; when the court, sitting without a jury, found for the plaintiff, and the defendants appealed. The book, or a certified copy of the same, was admissible in evidence. Acts 1876, p. 149, § 41; G-amble v. Witty, 55 Miss. 26; Clymer v. Cameron, 55 Miss. 598. Omission of…
1Opinion of the CourtCampbell, J.
Instead of deeds as numerous as the persons whose lands were sold for taxes, which had been required before, a list embracing all lands struck off to the State in each county, certified by the collector to be correct, was provided for by § 1698 of the Code of 1871. A sale of land for taxes and striking it off to the State, without any further act by the collector, would not vest title in the State. The list prescribed by the statute is the instrument by which title is to be vested in the State, as under the former law the deeds executed by the collector did. It is merely a simple and…
2Cited by4 opinions
- Shelby v. BurnsMississippi Supreme Court · 1927
- Houston Bros. v. LenhartMississippi Supreme Court · 1924
- Hart v. BackstromMississippi Supreme Court · 1927
- K. C. Lumber Co. v. MossMississippi Supreme Court · 1918