Herring v. Moses
Mississippi Supreme Court
Erom the chancery court of Erankliu county. Hon. Claude Pintard, Chancellor. The case appears in the opinion. The description is not void for uncertainty. McCready v. Lansdale, 58 Miss., 877 ; Tierney v. Brown, 65 lb., 563. The section was fractional and irregular in shape, and had not been subdivided by governmental survey into ordinary subdivisions. It could not,-then, be assessed according to the government survey.
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Erom the chancery court of Erankliu county. Hon. Claude Pintard, Chancellor. The case appears in the opinion. The description is not void for uncertainty. McCready v. Lansdale, 58 Miss., 877 ; Tierney v. Brown, 65 lb., 563. The section was fractional and irregular in shape, and had not been subdivided by governmental survey into ordinary subdivisions. It could not,-then, be assessed according to the government survey. Section 521, code 1880, applies only where there are legal subdivisions. Caruthers v. MeLaran, 56 Miss., 371. If there has been no such survey, the tax-collector is not required…
1Opinion of the CourtWoods, J.
The appellant exhibited his bill in the chancery court of Franklin county, praying confirmation of his tax-title to the lands named therein. The lands were purchased in March, 1890, at tax-sale, and the collector’s deed to appellant describes them as the “west part section 7, township 7, range 2 — 300 acres.” The answer to the bill sets up two defenses, viz : (1) The insufficiency of the description of the land, and (2) the failure of the sheriff’ and tax-collector to offer the lands in 40-acre lots.
*622The agreed statement of facts on which the case was tried shows that the land was offered and…
2Cases cited1 opinion
- Tierney v. BrownMississippi Supreme Court · 1888
3Cited by3 opinions
- Womack v. Central Lumber Co.Mississippi Supreme Court · 1922
- Jones v. SewardMississippi Supreme Court · 1943
- Chapman v. McCullenMississippi Supreme Court · 1945