Bunch v. Wolerstein
Mississippi Supreme Court
Appeal from the Circuit Court of Yazoo County. Hon. T. J. Wharton, Judge. This action of ejectment was brought by M. Wolerstein against Ada Bunch and others to recover certain lots of land in the possession of the defendants. The defendants plead “ not guilty,” and a trial was had upon an agreed statement of facts.
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Appeal from the Circuit Court of Yazoo County. Hon. T. J. Wharton, Judge. This action of ejectment was brought by M. Wolerstein against Ada Bunch and others to recover certain lots of land in the possession of the defendants. The defendants plead “ not guilty,” and a trial was had upon an agreed statement of facts. The plaintiff's claim of title was based upon a deed from the sheriff and tax collector of the county, made in pursuance of a sale of the land, on the 10th of May, 1875, under the act of the legislature known as the “'Abatement Act.” The defendants claimed under a deed from Gwin…
1Opinion of the CourtCampbell, C. J.
In Gibbs v. Green, 54 Miss. 592, it was decided that the act of 1867, then under consideration, was a contract which the State could not modify in any material matter whereby to diminish the security it provided for the holders of bonds without their consent. It was said, “ the tax and the lands forfeited thereunder alike became a fund pledged by the act for the redemption of the new bonds; and it Avas thereafter no more competent for the legislature to repeal the tax or divert the lands than it was for them in express terms to repudiate the bonds.” The legal title vested in the levee commis*60si…
2Cases cited2 opinions
- Gibbs v. GreenMississippi Supreme Court · 1877
- Cochran v. BakerMississippi Supreme Court · 1882
3Cited by4 opinions
- State Ex Rel. Tipton v. EricksonMontana Supreme Court · 1933
- Sigman v. LundyMississippi Supreme Court · 1889
- McLemore v. AndersonMississippi Supreme Court · 1907
- Ford v. Delta & Pine Land Co.U.S. Circuit Court for the District of Southern Mississippi · 1890