Judah v. Bros.
Mississippi Supreme Court
From tbe chancery court of Clay county. HoN. Baxter MoFarlahd, Chancellor. Bill by O. C. Brothers, Jr., against John M. Judah to confirm a tax title. The land in question was sold on the seventh day of March, 1892, for the taxes delinquent thereon for the year 1891, and purchased by complainant. This appeal presents but a single question, and the facts in reference to it are stated in the opinion. There was a decree for complainant, and defendant appealed.
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From tbe chancery court of Clay county. HoN. Baxter MoFarlahd, Chancellor. Bill by O. C. Brothers, Jr., against John M. Judah to confirm a tax title. The land in question was sold on the seventh day of March, 1892, for the taxes delinquent thereon for the year 1891, and purchased by complainant. This appeal presents but a single question, and the facts in reference to it are stated in the opinion. There was a decree for complainant, and defendant appealed. The tax sale was void, because not made for cash. Code 1880, §§ 521, 527; Black on Tax Titles, §§ 108, 109, 156; Blackwell on Tax Titles,…
1Opinion of the CourtWoods, J.
The evidence shows that the tax collector’s advertisement of the sale of all lands delinquent for taxes, including those involved in the present controversy, advised the public at large that the sale was to be made for cash, and that at the time of the sale the announcement was made that the sale was for cash. There was no agreement or understanding between the tax collector and the appellee that any credit should be given the latter by the former. In the language of the deposition of the tax collector, the lands were ‘‘ sold for cash. ’ ’ The tax collector, regarding the appellee as good, as…
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