Barnett v. Wedgeworth
Mississippi Supreme Court
This is a suit in the Chancery Court of Sunflower county for redemption of land by heirs of James Wedgeworth, who died intestate in the year 1866. The tract of land in controversy was sold to the State in 1867 for taxes, and in 1868 defendant leased said land for a term of fifteen years from the attorney of James Wedge-worth and went into possession of same.
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This is a suit in the Chancery Court of Sunflower county for redemption of land by heirs of James Wedgeworth, who died intestate in the year 1866. The tract of land in controversy was sold to the State in 1867 for taxes, and in 1868 defendant leased said land for a term of fifteen years from the attorney of James Wedge-worth and went into possession of same. Plaintiffs charged that said lease was void in that it had never been acknowledged, which was admitted in the answer of defendant. In 1870 H. S. Allen bought the land from the State, paying $5.02, the amount of taxes for which the land…
1Opinion of the Court 1
Opinion.
2Opinion of the Court · ChalmersChalmers, J.
Complainants (a]Dpellees) had restitution of their land, upon satisfactory proof made that it was bought for taxes by the defendant at a time when he was disabled to buy a tax title thereto, he being, at the time, in possession as the tenant of their father, now dead, whose property it then was. They did not pay, nor offer to pay, in money the amount of taxes paid out and damages thereon; but asked that an account be taken and that the amount found due defendant for these things should be set off against the large sum due themselves by him for mesne profits. The account was taken by a…
3Cases cited1 opinion
- Brooks v. RobinsonMississippi Supreme Court · 1876