Smith v. Brothers
Mississippi Supreme Court
Pbom the chancery court of Olay county. How. Heket L. Mtjldbow, Chancellor. Mrs. Smith and others, appellants, were complainants, and Brothers, Jr., the appellee, was defendant in the court below. From a decree in defendant’s favor the complainants appealed to the supreme court.
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Pbom the chancery court of Olay county. How. Heket L. Mtjldbow, Chancellor. Mrs. Smith and others, appellants, were complainants, and Brothers, Jr., the appellee, was defendant in the court below. From a decree in defendant’s favor the complainants appealed to the supreme court. The object of the suit was to cancel a municipal tax deed, made by the tax collector of the city of West Point, which city is not governed by the code chapter on “Municipalities,” but by a special legislative charter. Laws 1892, ch. 148, p. 426 et seq. The deed here involved is clearly void under the decision of this…
1Opinion of the Court
Whittteld, O. J.,
delivered the opinion of the court.
The description in the tax deed is as follows: “Home lot in lot 6, block 4, ward 1.” There may have been several “home-lots” in lot 6, and we think, under the authority of Bowers v. Andrews, 52 Miss., 596, the description is plainly void for patent ambiguity. The deed must stand or fall by itself. The assessment roll cannot aid the description in the deed. The doctrine of Bowers v. Andrews is still the law, as a matter of' course, notwithstanding sec. 3817 and like sections of the code of 1892. The fact that if the assessment roll furnishes…
2Cases cited1 opinion
- Bowers v. AndrewsMississippi Supreme Court · 1876
3Cited by8 opinions
- Carr v. BartonMississippi Supreme Court · 1935
- Sack v. Gilmer Dry Goods Co.Mississippi Supreme Court · 1928
- Jefferson v. WalkerMississippi Supreme Court · 1946
- Reed v. HeardMississippi Supreme Court · 1910
- Henderson v. Bank of America, N.A. (In re Simmons)United States Bankruptcy Court, S.D. Mississippi · 2014
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