Legal Opinion

H. Weston Lumber Co. v. Durham

Mississippi Supreme Court

Decided March 15, 1915PublishedCited by 1 opinion

Appeal from the chancery court of Hancock county. Hon. J. M. Stevens, Chancellor. Suit Toy Estelle H. Durham and others, against H. Weston Lumber Company! Prom, a decree for complainants, defendants appeal. The facts are fully stated in the opinion of the court. The only point in this case is whether or not the filing of the list of lands sold on Tuesday, April 5, 1910, to the state by the tax collector, on May 2, 1910, rendered said sale void.

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Appeal from the chancery court of Hancock county. Hon. J. M. Stevens, Chancellor. Suit Toy Estelle H. Durham and others, against H. Weston Lumber Company! Prom, a decree for complainants, defendants appeal. The facts are fully stated in the opinion of the court. The only point in this case is whether or not the filing of the list of lands sold on Tuesday, April 5, 1910, to the state by the tax collector, on May 2, 1910, rendered said sale void. This land was sold at the time fixed by law (being chapter 190, Laws of 1908, page 208). He started selling on the first Monday of April, which was…

1Opinion of the CourtCook, J.

From a decree canceling a state patent to certain lands situated in Jackson county, this appeal is prosecuted. It appears from the pleadings and the agreed statement of facts that complaintants below, appellees here, were the owners of the land in controversy, and, failing to pay the taxes due thereon for the year 1909, the same was struck off to the state. The land in question was bought by appellant from the state, and the bill prayed that this deed be canceled as a cloud on appellant’s title. The decree of the court was in accordance with the prayer of the bill.

To make the issue here…

2Cases cited1 opinion

  1. Howie v. AlfordMississippi Supreme Court · 1911

3Cited by1 opinion

  1. K. C. Lumber Co. v. MossMississippi Supreme Court · 1918

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