Smith v. Leavenworth
Mississippi Supreme Court
Appeal from the chancery court of Coahoma county. Hon. M. E. Denton, Chancellor. Suit by George Leavenworth against J. F. Smith et al. Fronl' a decree for complainants, defendants appeal.
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Appeal from the chancery court of Coahoma county. Hon. M. E. Denton, Chancellor. Suit by George Leavenworth against J. F. Smith et al. Fronl' a decree for complainants, defendants appeal. Complainant filed a bill in chancery, setting up his claim to fractional section twenty-four, township twenty-seven, range seven W., in Coahoma county, and alleging that defendant Smith claimed title to section fourteen adjoining and that said lumber company claimed the timber on said section fourteen by virtue of a deed from said Smith. The bill further alleges that, at the time this land was originally…
1Opinion of the CourtSmith, J.
The sale of the land in controversy to the state for taxes in the year 1881 was void, for the reason that it was at the time assessed to the state. The two faint pencil lines, if such in fact there be, drawn through the ward “State” on the original assessment roll, cannot be held to constitute a change in the assessment, and to be the equivalent of an assessment to “Unknown,” as contended by counsel for appellee. Public records cannot be altered in such a loose and irregular manner.
Appellee and his grantor have been in possession of this land for more than three years under this tax deed, and…
2Cases cited4 opinions
- Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
- Hamner v. Yazoo Delta Lumber Co.Mississippi Supreme Court · 1911
- Crill v. HudsonSupreme Court of Arkansas · 1903
- Towell v. EtterSupreme Court of Arkansas · 1900
3Cited by11 opinions
- Leavenworth v. ReevesMississippi Supreme Court · 1914
- Anderson-Tully Co. v. TingleCourt of Appeals for the Fifth Circuit · 1948
- Anderson-Tully Company v. WallsDistrict Court, N.D. Mississippi · 1967
- Board of Supervisors v. GilesMississippi Supreme Court · 1953
- George T. Houston, III and Ruth H. Jarvis Baker v. United States Gypsum Company, a CorporationCourt of Appeals for the Fifth Circuit · 1978
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