Martin v. Swofford
Mississippi Supreme Court
Appeal from the Chancery Court of Copiah County. Hon. E. G. Peyton, Chancellor. argued orally and in writing. 1. The existence of the deed of trust did not invalidate the tax deed. A mortgagee out of possession not receiving the rents and profits, and under no obligation to pay taxes, may purchase a valid tax title and set it up against the mortgagor.
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Appeal from the Chancery Court of Copiah County. Hon. E. G. Peyton, Chancellor. argued orally and in writing. 1. The existence of the deed of trust did not invalidate the tax deed. A mortgagee out of possession not receiving the rents and profits, and under no obligation to pay taxes, may purchase a valid tax title and set it up against the mortgagor. Williams v. Townsend, 31 N. Y. 411; Waterson v. Levoe, 18 Kansas, 223 ; Morrow v. Lotus, 28 N. J. Eq. 459, note; Smith v. Lewis, 20 Wis. 350 ; Chapman v. Mull, 7 Ired. Eq. 292 ; Coombs v. Warren, 34 Maine, 89 ; 1 Jones on Mortgages, § 713. He…
1Opinion of the CourtChalmers, C. J.
This is a bill filed by Mrs. Swofford to vacate and cancel a tax deed, and also a conveyance, executed by a trustee; both held by the defendant (appellant) Martin. The facts upon which she demands this relief are briefly these. Martin was her merchant, and in April, 1875, she executed a trust deed for his benefit, upon her land and crop, to secure him in the advance to her of supplies to the amount of one hundred and *331fifty dollars. At her request, he paid the taxes on the land for the current year, and added the amount to his account against her. The account was paid off in the autumn, except…
2Cases cited1 opinion
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