Eastland v. Yazoo Delta Lumber Co.
Mississippi Supreme Court
From the chancery court of Sunflower county. Hon. Percy Bell, chancellor. The Lumber company, the appellee, was complainant in the court below; Eastland and others, the appellants, were defendants there. Erom a decree in complainant’s favor the defendants appealed to the supreme court. The object of the suit was to cancel appellant’s claim to lands as a cloud upon appellee’s title thereto.
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From the chancery court of Sunflower county. Hon. Percy Bell, chancellor. The Lumber company, the appellee, was complainant in the court below; Eastland and others, the appellants, were defendants there. Erom a decree in complainant’s favor the defendants appealed to the supreme court. The object of the suit was to cancel appellant’s claim to lands as a cloud upon appellee’s title thereto. The appellants claimed the land under a tax sale 'made March 7, 1892, fortified by actual occupation of the premises for a period of more than three years, but less than ten. The question presented was…
1Opinion of the CourtWhitfield, C. J.
The sale for taxes under review in this case was absolutely void, for the reason that the assessment was made under the Madison act, which act we have three times declared to be unconstitutional and void. See Hawkins v. Mangum, 78 Miss., 97, 28 South., 872; Coffee v. Coleman, 85 Miss., 14, 37 South., 499; Scarborough v. Elmer, 87 Miss., 508, 40 South., 69. In the first-named case this court speaking through Mr. Justice Cali-ioon, said, in response to the suggestion of error which insisted that the act of 1890 (Laws 1890, p. 19 et seq., c. 6) *335cured, the sale, that that act “had no sort of…
2Cases cited10 opinions
- Dingey v. PaxtonMississippi Supreme Court · 1883
- Kennedy v. SandersMississippi Supreme Court · 1907
- Scarborough v. ElmerMississippi Supreme Court · 1905
- Hawkins v. MangumMississippi Supreme Court · 1900
- Hoskins v. Illinois Central RailroadMississippi Supreme Court · 1901
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3Cited by5 opinions
- Hamner v. Yazoo Delta Lumber Co.Mississippi Supreme Court · 1911
- Tannhauser v. AdamsCalifornia Supreme Court · 1947
- Grant v. MontgomeryMississippi Supreme Court · 1942
- McMahon v. Yazoo Delta Lumber Co.Mississippi Supreme Court · 1908
- Seals v. PerkinsMississippi Supreme Court · 1910