Gamble v. Witty
Mississippi Supreme Court
Error to the Circuit Court of Montgomery County. Hon. William Coti-iran, Judge. The defendants in error instituted an action of unlawful de- ■ tainer, to recover of the plaintiffs in error the possession of a certain tract of land. On the trial in the Circuit Court the plaintiffs below introduced in evidence a deed from the state, •executed by the auditor on April 12, 1877, purporting to convey to them the title to the land in controversy.
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Error to the Circuit Court of Montgomery County. Hon. William Coti-iran, Judge. The defendants in error instituted an action of unlawful de- ■ tainer, to recover of the plaintiffs in error the possession of a certain tract of land. On the trial in the Circuit Court the plaintiffs below introduced in evidence a deed from the state, •executed by the auditor on April 12, 1877, purporting to convey to them the title to the land in controversy. They also introduced in evidence a list of the lands sold to the state by the tax-collector of Montgomery County for the taxes of 1874, which the auditor…
1Opinion of the Court
Campbell, J.,
delivered tfie opinion of tfie court.
The state acquired no title to the land in controversy by the sale for taxes on May 10, 1875, because the act of March 1, 1875 (Sess. Acts, 11), did not authorize the sale of land on which the taxes had been paid for all the years prior to 1874. It embraced in its provisions only lands delinquent for taxes for the years prior to 1874. The land which is the subject of this dispute was not delinquent for any year before 1874, and was sold on the first Monday of February, 1875, for the taxes of 1874, and was not legally sold on May 10, 1875.…
2Cases cited3 opinions
- Board of Supervisors v. KleinMississippi Supreme Court · 1876
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- Beard v. Board of SupervisorsMississippi Supreme Court · 1875
3Cited by25 opinions
- Dingey v. PaxtonMississippi Supreme Court · 1883
- Cannon v. BarryMississippi Supreme Court · 1881
- Beck v. AllenMississippi Supreme Court · 1880
- Graham v. Florida Land & Mortgage Co.Supreme Court of Florida · 1894
- Kennedy v. SandersMississippi Supreme Court · 1907
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