French v. Ladd
Mississippi Supreme Court
Error to the Circuit Court of Grenada County. Hon. Sam Powel, Judge. From a judgment in favor of the defendant in ejectment, the plaintiff brings np the case, and assigns for error the exclusion from the evidence of the auditor’s certificate. The certificate by the auditor as to the contents of the list of lands on file in his office, which was the proper repository thereof, is full and in compliance with the law.
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Error to the Circuit Court of Grenada County. Hon. Sam Powel, Judge. From a judgment in favor of the defendant in ejectment, the plaintiff brings np the case, and assigns for error the exclusion from the evidence of the auditor’s certificate. The certificate by the auditor as to the contents of the list of lands on file in his office, which was the proper repository thereof, is full and in compliance with the law. Fore v. Williams, 35 Miss. 583; Wray v. Doe, 10 S. & M. 452. A copy of the entire list would often cost more than the land sued for is worth. So much as relates to the land in…
1Opinion of the CourtChalmers, J.
The plaintiff suing on an auditor’s deed was bound to produce a list of the lands sold to the State. In attempting to meet this burden, he offered in evidence a certificate by the auditor that the lots conveyed by the deed and sued for here “ appear upon the original sales list as having been sold to the State on May 10, 1875, for the taxes of 1874.” This certificate was properly excluded. It is a mere statement by the auditor of what he supposes that the records in his office show. His construction of those records is not competent evidence. He should give a duly certified copy of the record…
2Cited by2 opinions
- Dingey v. PaxtonMississippi Supreme Court · 1883
- Foote v. Hall Commission Co.Mississippi Supreme Court · 1904