Legal Opinion

Bennett v. Chaffe

Mississippi Supreme Court

Decided October 15, 1891PublishedCited by 2 opinions

From the chancery court of Lincoln county. Hon. H. C. Conn, Chancellor. On March 9, 1886, was passed “An act to remedy the evils arising from the destruction of the records of the counties of Pike and Lincoln in the burning of the court-houses of said counties.”

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From the chancery court of Lincoln county. Hon. H. C. Conn, Chancellor. On March 9, 1886, was passed “An act to remedy the evils arising from the destruction of the records of the counties of Pike and Lincoln in the burning of the court-houses of said counties.” Laws, p. 827. By said act it was provided that the owner or owners of lands within said counties may file a bill in the chancery court to have the title confirmed and quieted, the proceedings in such case to conform to the practice provided by law for confirming tax-titles. Under said act, Charles Chañe and John Powell filed this bill…

1Opinion of the CourtCampbell, C. J.

The complainants were relieved of the necessity of producing evidence of their title as specifically set forth in their *282bill by the failure of the respondent to deny it specifically. Code of 1880, §1892.

The tax-title relied on by the respondent, in itself, is nothing, because it is not shown that a sale for taxes was made, at which the state became the buyer, without which the conveyance by the state earned nothing; and, for the same reason, neither the act of February 10,1860, (Laws, p. 213), nor § 1709 of the code of 1871, nor § 539 of the code of 1880 is of any avail, since each must rest…

2Cases cited1 opinion

  1. Clay v. MooreMississippi Supreme Court · 1887

3Cited by2 opinions

  1. Hassie Hunt Trust v. ProctorMississippi Supreme Court · 1952
  2. Seals v. PerkinsMississippi Supreme Court · 1910

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