McNamara v. Baird
Mississippi Supreme Court
Fbom the chancery court of Sunflower county. HoN. W. R. Trigg, Chancellor. The opinion contains a sufficient statement of the case. Appellant inherited whatever rights his brother had at the time of his death. In Harvey v. Briggs, 68 Miss., 60, it was held that the privilege of disaffirming a contract made by a minor descended to his heir. There are stronger reasons for holding that the right to redeem from a tax sale descends.
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Fbom the chancery court of Sunflower county. HoN. W. R. Trigg, Chancellor. The opinion contains a sufficient statement of the case. Appellant inherited whatever rights his brother had at the time of his death. In Harvey v. Briggs, 68 Miss., 60, it was held that the privilege of disaffirming a contract made by a minor descended to his heir. There are stronger reasons for holding that the right to redeem from a tax sale descends. In Stout v. Merrill, 35 Iowa, 47, it is held that an .infant who has the right to redeem lands from tax sale, may sell such right. Being salable, it is, of course,…
1Opinion of the Court
Campbell, Special J.,
delivered the opinion of the court.
’The title of the section of land was in Thomas McNamara, an infant, who acquired it by conveyance of the state of Mississippi, which had purchased it at a sale for taxes in 1867. It was sold for taxes in 1871, and purchased by the liquidating levee board. The south one-half of the section -was sold for taxes in 1872, and struck off to the state, and this was again sold in 1875 under the “abatement act,” and purchased by the state. In 1883 all the land was sold for taxes, and purchased by the state. The defendant has acquired whatever…
2Cases cited1 opinion
- Richards v. PattersonMississippi Supreme Court · 1856
3Cited by5 opinions
- Pulaski County v. HillSupreme Court of Arkansas · 1911
- Carter v. KleinMississippi Supreme Court · 1962
- Moore v. RotenberryMississippi Supreme Court · 1940
- Tarrence v. BergSupreme Court of Arkansas · 1941
- Baird v. McNamaraMississippi Supreme Court · 1900