Webb v. Mobile & Ohio Railroad
Mississippi Supreme Court
Appeal from the chancery court of Tishomingo county. HoN. J. Q. Robihs, Chancellor. Suit by the Mobile & Ohio Railroad Company against J. H. Webb. Prom a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The chancellor seems to have narrowed this case down to just one issue, to wit: Whether it was competent, by parol proof, to cure a purely clerical error in the tax collector’s deed.
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Appeal from the chancery court of Tishomingo county. HoN. J. Q. Robihs, Chancellor. Suit by the Mobile & Ohio Railroad Company against J. H. Webb. Prom a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The chancellor seems to have narrowed this case down to just one issue, to wit: Whether it was competent, by parol proof, to cure a purely clerical error in the tax collector’s deed. He decided this question adversely to the appellant and declined to hear any testimony offered by appellant on that point, or rather excluded such testimony as was…
1Opinion of the CourtCook, J.
The Mobile & Ohio Eailroad Company exhibited its hill of complaint against J. H. Webb, seeking thereby to cancel, as a cloud upon its title, a certain tax deed for eighty acres of land situated in Tishomingo county: First, because the taxes assessed against the land were paid before the sale; second, because the description of the land as assessed and conveyed is vague, indefinite, and uncertain; third, because the deed, upon its face discloses that the sale of the land for the alleged unpaid taxes was made in the year 1906 for the taxes of 1906.
The first ground of complaint, we think, was…
2Cases cited4 opinions
- Brigins v. ChandlerMississippi Supreme Court · 1883
- Bower v. Chess & Wymand Co.Mississippi Supreme Court · 1903
- French v. McAndrewMississippi Supreme Court · 1883
- Swan v. New England Mortgage & Security Co.Mississippi Supreme Court · 1898
3Cited by5 opinions
- Nagee v. MoreheadMississippi Supreme Court · 1929
- THORNTON BROTHERS v. GoreMississippi Supreme Court · 1965
- Southern Pipe & Supply Co. v. JosephMississippi Supreme Court · 1958
- Nichols v. Gaddis & McLaurin, Inc.Mississippi Supreme Court · 1954
- Nichols v. Gaddis & McLaurin, Inc.Mississippi Supreme Court · 1954