Partee v. Vance

Decided March 15, 1912

Mississippi Supreme Court · decided 1912-03-15

Hon. Sam Cook, Judge. Action of ejectment by C. B. Vance against C. W. Partee. From a judgment for plaintiff, defendant appeals. Held: speaking through Justice Calhoun, as follows: ‘ ‘ The swamp and overflowed lands were never the subject of taxation and sale for nonpayment.

Relies on Lipe v. Souther · Edwards v. Butler · Means v. Haley

Decided 1912-03-15

Smith, J.,

¶1delivered the opinion of the court.

¶2It may be that the contention of appellant is supported by the case of Means v. Haley, 86 Miss. 557, 38 South. 506, and that that case was not necessarily overruled by Howell v. Miller, 88 Miss. 655, 42 South. 129, or Edwards v. Butler, 89 Miss. 179, 42 South. 381, as to which we express no opinion, for the reason that it was expressly overruled in the later case of Creegan v. Hyman, 93

¶3 *224Miss. 481, 46 South. 952, in so far as it dealt with the matter now under consideration. In order to uphold appellant’s contention, it will be necessary for us to overrule this last-named case, and this we decline to do.

¶4The judgment of the lower court is therefore correct, and is affirmed. '

¶5Affirmed.