Cogburn v. Hunt
Mississippi Supreme Court
Error to the Chancery Court of Warren County. Hon. Upton M. Young, Judge. The omission to offer the land for sale, under the circumstances of this case, cannot affect the appellant’s right to charge it under Code 1871, § 1718. The land was sold to Cogburn by the State, and the claim for taxes and damages results from Hunt’s non-payment. Coglurn v. Runt, 56 Miss. 718. The absence of a sale to the State cannot affect the question.
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Error to the Chancery Court of Warren County. Hon. Upton M. Young, Judge. The omission to offer the land for sale, under the circumstances of this case, cannot affect the appellant’s right to charge it under Code 1871, § 1718. The land was sold to Cogburn by the State, and the claim for taxes and damages results from Hunt’s non-payment. Coglurn v. Runt, 56 Miss. 718. The absence of a sale to the State cannot affect the question. This court, in its former opinion, decided that the conveyance to the State was a nullity. The title was void, and could not be made worse by the absence of an…
1Opinion of the CourtCampbell, J.
The lot of Mr. Hunt was subject to taxation. It was not exempt. An effort was made to subject it to taxation, but it was insufficiently described to make the assessment and sale of it valid. Therefore, the title could not pass by a sale for taxes. Cogburn v. Hunt, 54 Miss. 675. But § 1718 of the Code entitles the purchaser at any sale for taxes, who does not get title to the land, to charge it with a lien for what he pays and other charges specified in the statute. It is not a subrogation of the purchaser to the right of the State. It is a statutory right to go against the land to which the…
2Cases cited3 opinions
- Cogburn v. HuntMississippi Supreme Court · 1879
- Cogburn v. HuntMississippi Supreme Court · 1877
- Ingersoll v. JeffordsMississippi Supreme Court · 1877
3Cited by7 opinions
- Cannon v. BarryMississippi Supreme Court · 1881
- Brewer v. Folsom Bros. Co.Wyoming Supreme Court · 1931
- Croskery v. BuschMichigan Supreme Court · 1898
- Mayer v. PeeblesMississippi Supreme Court · 1881
- McLaran v. MooreMississippi Supreme Court · 1882
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