Fink v. Henderson
Mississippi Supreme Court
From the chancery court of Hancock county. ■ Peter Fink filed his bill in the chancery court of Hancock county seeking, a confirmation of a tax title to the land described in his bill. Clara Marks and all persons having an interest in the lands were made parties defendant. No personal service was obtained on any of the defendants, but publication was made for them according to law.
Read the full summary
From the chancery court of Hancock county. ■ Peter Fink filed his bill in the chancery court of Hancock county seeking, a confirmation of a tax title to the land described in his bill. Clara Marks and all persons having an interest in the lands were made parties defendant. No personal service was obtained on any of the defendants, but publication was made for them according to law. No answer was filed, and a decree pro eonfesso and a final decree were taken, according to the prayer of the bill, confirming the tax title. A little over a year after the confirmation of the tax title, J. L.…
1Opinion of the CourtWhitfield, J.
Appellee’s quitclaim deed invested him with the title to the
*12land, and, as a necessary incident thereof, with the right to make any defense to the bill to confirm the tax title asserted against these lands which the grantees in such deed could have made. The grantors, if the statements of the amended petition, the demurrer to which was overruled, be true, were the “unknown nonresident owners of the lands, ’ ’ and, as such, parties defendant, by publication, to the bill; and their deed to appellee not only invested him with such title, but operated as an assignment to him of all rights of…
2Cases cited2 opinions
- Kerr v. MooreMississippi Supreme Court · 1876
- H. & C. Newman v. Bank of GreenvilleMississippi Supreme Court · 1889
3Cited by1 opinion
- Helbig v. HooperMississippi Supreme Court · 1946