McGehee v. Martin
Mississippi Supreme Court
Error to the Circuit Court of Union County. Hon. W. D. Bradford, Judge. This was an action of ejectment by the heirs of John S. McGehee, against M. W. Martin. The plaintiffs showed a regular chain of title from the United States, down to John S. McGehee, and proved they were his heirs. The defendant, as a witness in his own behalf, testified that he saw one May sign a deed conveying the land to him.
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Error to the Circuit Court of Union County. Hon. W. D. Bradford, Judge. This was an action of ejectment by the heirs of John S. McGehee, against M. W. Martin. The plaintiffs showed a regular chain of title from the United States, down to John S. McGehee, and proved they were his heirs. The defendant, as a witness in his own behalf, testified that he saw one May sign a deed conveying the land to him. And the deed, not acknowledged, proved or recorded, on this testimony alone was admitted in evidence, without objection, on the ground of the incompetency of the party to establish his own claim…
1Opinion of the CourtChalmers, J.
Inasmuch as the plaintiff in ejectment must show title in himself at the termination as well as at the institution of the suit, the defendant in the case at bar introduced in evidence a tax-collector’s deed, showing that the land in controversy had been sold for unpaid taxes pending the litigation.
This deed was void upon its face, and should have been *521excluded; it showed a sale by the tax-collector, made on 7th of August, 1871. By the act of March 3, 1871 (p. 759), the first Monday of July was fixed as the day for selling lands delinquent for taxes, and by subsequent act of May 4 (acts of…
2Cases cited1 opinion
- Jacks v. BridewellMississippi Supreme Court · 1876
3Cited by6 opinions
- Harkreader v. ClaytonMississippi Supreme Court · 1879
- Kennedy v. SandersMississippi Supreme Court · 1907
- McLemore v. AndersonMississippi Supreme Court · 1907
- Mead v. DayMississippi Supreme Court · 1876
- Griffin v. EllisMississippi Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.