Robinson v. Lewis
Mississippi Supreme Court
FbOM the chancery court of the second district of Hinds county. HoN. Warren COWAN, Chancellor. The appellee, Lewis, filed the bill in this case to confirm a tax-title to an undivided half interest in certain land, acquired by him at a sale for taxes in March, 1887. At and before that time, his wife owned the other interest. She and her brother, J. A. Criddle, were tenants in common of the land, each owning an undivided half interest.
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FbOM the chancery court of the second district of Hinds county. HoN. Warren COWAN, Chancellor. The appellee, Lewis, filed the bill in this case to confirm a tax-title to an undivided half interest in certain land, acquired by him at a sale for taxes in March, 1887. At and before that time, his wife owned the other interest. She and her brother, J. A. Criddle, were tenants in common of the land, each owning an undivided half interest. Some time prior to the tax sale, the interest of Criddle was sold under execution, the appellant, Bobinson, becoming the purchaser, and he had a lengthy…
1Opinion of the CourtCooper, J.
The decree of the court below must be reversed because of the incapacity of the complainant to purchase at a sale for taxes the interest of the co-tenant of his wife in the land. One co-tenant may not thus defeat the title of another to the common estate. Harrison v. Harrison, 56 Miss. 174; Fox v. Coon, 64 Miss. 465 ; 1 South. Rep. 629. The spouse of the co-tenant is equally disqualified. Freem. Co-Ten. § 160; Fee v. Fox, 6 Dana, 172 ; Burns v. Byrne, 45 Iowa, 285; Rothwett v. Dewees, 2 Black, 613 ; Busch v. Huston, 75 Ill. 343. In Cameron v. Lewis, 59 Miss. 134, and Carter v. Bustamente, Id.…
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