Vaughan v. Swayzie
Mississippi Supreme Court
ERROR to the Circuit Court of Adams County. Hon. T. Otis Baker, Special Judge, by agreement of the parties, Hon. Ralph North having been of counsel in the case. Bettie A. Vaughan and her husband brought an action of unlawful detainer, before a justice of the peace, against W. H. Swayzie and others, to obtain the possession of a certain tract of land. The case was carried by appeal to the Circuit Court.
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ERROR to the Circuit Court of Adams County. Hon. T. Otis Baker, Special Judge, by agreement of the parties, Hon. Ralph North having been of counsel in the case. Bettie A. Vaughan and her husband brought an action of unlawful detainer, before a justice of the peace, against W. H. Swayzie and others, to obtain the possession of a certain tract of land. The case was carried by appeal to the Circuit Court. The plaintiffs offered in evidence, in support of their title, two deeds, — one from the tax-collector of Adams County, executed in 1873, and the other from the auditor of public accounts, made…
1Opinion of the CourtChalmees, J.
The plaintiff' >vho rests his title upon a tax-deed received from the auditor of public accounts is not protected by the statutory presumptions Avhich, under sect. 1700 of the Code of 1871, attach to a tax-collector’s deed, but, by production of the delinquent-list, he must show title in the State. Clymer v. Cameron, 55 Miss. 593.
The plaintiffs in the case at bar, aware of this duty, produced the delinquent-list filed in the clerk’s office of Adams County ; but, when produced, there was shown a fatal variance between this list and the deed received from the auditor. The deed Avas to “…
2Cases cited3 opinions
- Boardman v. BeckwithSupreme Court of Iowa · 1865
- Clymer v. CameronMississippi Supreme Court · 1878
- Weir v. KitchensMississippi Supreme Court · 1876
3Cited by8 opinions
- Chase v. TroutCalifornia Supreme Court · 1905
- Dingey v. PaxtonMississippi Supreme Court · 1883
- Middleton v. City of St. AugustineSupreme Court of Florida · 1900
- Jones v. HicksonMississippi Supreme Court · 1948
- Weathersby v. ThomaMississippi Supreme Court · 1879
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