Clay v. Moore
Mississippi Supreme Court
Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. This is an action of ejectment brought by Mrs. Mary K. Moore against Austin Clay. The plaintiff deraigned her title and rested.
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Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. This is an action of ejectment brought by Mrs. Mary K. Moore against Austin Clay. The plaintiff deraigned her title and rested. The defendant, to support his title, then introduced a deed to R. A. Fewell, through whom he claimed as follows : “ This indenture witnesseth that R. A. Fewell, of the county of Lauderdale of the State of Mississippi, has this day paid to the undersigned clerk of the circuit court of the county and State aforesaid, the sum of thirty dollars, which is the amount of taxes due and unpaid, with…
1Opinion of the CourtCampbell, J.
The deed of the circuit clerk to Fewell is not “ such deed ” .as Sec. 5 of an act entitled: “ An act to quiet tax titles and increase the revenue of the State,” approved April 5, 1872, acts p. 9, made;prima facie evidence; because if it was executed on a redemption of the land, which seems probable, the presumption did not attach, and if it was not executed in such circumstances, it was not authorized except after a sale of the land at public outcry to the highest bidder, as directed by Sec. 5 of an act amendatory of the above act approved April 7, 1873, acts p. 91.
The deed is in the form…
2Cited by3 opinions
- Patterson v. DurfeyMississippi Supreme Court · 1891
- Ricks v. BaskettMississippi Supreme Court · 1890
- Bennett v. ChaffeMississippi Supreme Court · 1891