Legal Opinion

Greene v. Williams

Mississippi Supreme Court

Decided April 15, 1881PublishedCited by 4 opinions

Appeal from the Chancery Court of Clay County. Hon. F. A. Critz, Chancellor. At a sale for taxes in Chickasaw County in 1873, McDuffie Greene bought a tract of land lying in Clay County, having been by mistake assessed in the former county, and at the time and in the manner provided by the statute received a deed thereto from the tax-collector.

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Appeal from the Chancery Court of Clay County. Hon. F. A. Critz, Chancellor. At a sale for taxes in Chickasaw County in 1873, McDuffie Greene bought a tract of land lying in Clay County, having been by mistake assessed in the former county, and at the time and in the manner provided by the statute received a deed thereto from the tax-collector. On the first Monday of March, 1878, the same land was sold in Clay County for the taxes of 1877 due thereon, and was bought by R. H. Shotwell. The tax-collector’s deed to Shotwell was filed in the chancery clerk’s office, and remained there until the…

1Opinion of the CourtCampbell, J.

We do not agree with the chancellor in his view that sect. 10 of “An act in relation to public revenue, and for other purposes,” approved February 1, 1877 (Acts, p. 2), had the effect to throw upon the holder of a conveyance of land sold for taxes by the tax-collector the burden of averring in pleading, and maintaining by evidence, the concurrence of all those things which are conditions precedent to the proper exercise of the power to sell. That section declares that such conveyance shall vest a- perfect title, which shall not be invalidated or defended against except by proof of certain…

2Cases cited1 opinion

  1. Griffin v. DoganMississippi Supreme Court · 1873

3Cited by4 opinions

  1. Davis v. VanarsdaleMississippi Supreme Court · 1882
  2. Hardie v. ChrismanMississippi Supreme Court · 1882
  3. Wheeler & Wilson Manufacturing Co. v. LigonMississippi Supreme Court · 1885
  4. Kaiser v. HarrisMississippi Supreme Court · 1886

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