Legal Opinion

Selden v. Coffee

Mississippi Supreme Court

Decided October 15, 1877PublishedCited by 5 opinions

Appeal from the Chancery Court of Tunica County. Hon. J. C. Gkay, Chancellor. The appellants filed their bill in chancery, in which they claim to be the owners of certain lands therein described; they allege that the appellee holds a deed from the auditor of public-accounts, attempting to convey some lands described as “ BaL fractl. section 11, township 5, range 12, 522 acres,” and “ FrT N. i section 14, township 5, range 12, 240 acres, situated! in Tunica County, containing…

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Appeal from the Chancery Court of Tunica County. Hon. J. C. Gkay, Chancellor. The appellants filed their bill in chancery, in which they claim to be the owners of certain lands therein described; they allege that the appellee holds a deed from the auditor of public-accounts, attempting to convey some lands described as “ BaL fractl. section 11, township 5, range 12, 522 acres,” and “ FrT N. i section 14, township 5, range 12, 240 acres, situated! in Tunica County, containing 760 acres,” and that the appellee-, claims that by the said deed the lands of appellants, mentioned in the bill, have…

1Opinion of the CourtCampbell, J.

The 19th section of “ An act in relation to public revenue,, and for other purposes,” approved, April 15, 1876 (Acts, 139), has no application to this case, because it is manifest that the several provisions of that act in reference to the assessment of lands have relation to the future — i. e., assessments; made in the year 1879, and subsequently — and do not affect the former assessments and sales for taxes.

The description in the auditor’s deed to the appellee, as; “Bal. fractl. section 11, township 5, range 12, 522 acres,” is a patent ambiguity, and void. Its perusal suggests a doubt as to…

2Cases cited2 opinions

  1. Bowers v. AndrewsMississippi Supreme Court · 1876
  2. White v. ThomasMississippi Supreme Court · 1876

3Cited by5 opinions

  1. Dutch v. BoydIndiana Supreme Court · 1881
  2. Harris v. ByersMississippi Supreme Court · 1916
  3. Stovall v. ConnorMississippi Supreme Court · 1880
  4. Swan v. New England Mortgage & Security Co.Mississippi Supreme Court · 1898
  5. Fisher v. WailehuaHawaii Supreme Court · 1904

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