Bower v. Chess & Wymand Co.
Mississippi Supreme Court
From: the chancery court of Quitman county. Hon. A. McO. Kimbrough, Chancellor. Mrs. Bower and another, appellents, were complainants in the court below, the Chess etc., Company, and others, appellees, were defendants there.
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From: the chancery court of Quitman county. Hon. A. McO. Kimbrough, Chancellor. Mrs. Bower and another, appellents, were complainants in the court below, the Chess etc., Company, and others, appellees, were defendants there. The suit was a proceeding to confirm a tax title. . The bill alleged that the lands were sold by the tax collector of Quitman county on the first Monday in March, 1897, for the taxes due for the year 1896, and complainants became the purchasers at that sale; that the sale was duly and legally made, after proper notice had been given. The bill further alleged that in…
1Opinion of the Court
Whiteield, O. T.,
delivered the opinion of the court.
The deed in this case recited that the tax sale was made in 1897 for the taxes of 1897. The deed is for that reason void on its face. French v. McAndrew, 61 Miss., 187. The real holding of the court in Brigins v. Chandler, 60 Miss., 866, is when the facts are looked to closely, merely thát parol proof may be introduced to show the true date which a deed should have. As the date of a deed shows merely the time when the contract was made, and not the terms of the contract, it is always competent to show by parol proof a mistake as to the date…
2Cases cited3 opinions
- French v. McAndrewMississippi Supreme Court · 1883
- Hardie v. ChrismanMississippi Supreme Court · 1882
- Maxcy v. ClabaughIllinois Supreme Court · 1844
3Cited by7 opinions
- Mississippi State Highway Commission v. CohnMississippi Supreme Court · 1969
- McLemore v. AndersonMississippi Supreme Court · 1907
- Cox v. RichersonMississippi Supreme Court · 1939
- Webb v. Mobile & Ohio RailroadMississippi Supreme Court · 1913
- Barron v. EasonMississippi Supreme Court · 1946
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