Morgan, Robertson & Co. v. Blewitt
Mississippi Supreme Court
From the' circuit court of Lowndes county. Hon. Newnan Cayoe, Judge. Action of ejectment by Morgan, Robertson & Co., claiming under a tax title, against appellee, Thomas G. Blewitt, Sr., former owner of the land. Judgment for defendants. Plaintiffs appeal. The facts touching the only questions passed upon by the court sufficiently appear in the opinion. 1. It was manifest error to hold that a defendant in ejectment can interpose an equitable defense.
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From the' circuit court of Lowndes county. Hon. Newnan Cayoe, Judge. Action of ejectment by Morgan, Robertson & Co., claiming under a tax title, against appellee, Thomas G. Blewitt, Sr., former owner of the land. Judgment for defendants. Plaintiffs appeal. The facts touching the only questions passed upon by the court sufficiently appear in the opinion. 1. It was manifest error to hold that a defendant in ejectment can interpose an equitable defense. This was permissible under the code of 1857. There are some dicta to the contrary, but in a review of our decisions we find they are uniform in…
1Opinion of the Court
Campbell, Special Judge,
delivered the opinion of the court.
The general instruction for the defendant was given upon the assumption that the tax sale of March, 1886, which is the foimdation of the plaintiff’s title, was void because of the want of a legal assessment. The assessment was in 1883. It is not shown-when the assessment roll was delivered to the clerk of the board of supervisors. There is no evidence on the subject, and the presumption will be indulged that it was delivered to the clerk at the proper time. Grayson v. Richardson, 65 Miss., 222.
It is claimed that the entry on the roll…
2Cases cited1 opinion
- Grayson v. RichardsonMississippi Supreme Court · 1887
3Cited by2 opinions
- Graham v. WarrenMississippi Supreme Court · 1902
- Littelle v. Creek Lumber Co.Mississippi Supreme Court · 1911