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60 Miss. 963

Fletcher v. Trewalla

Mississippi Supreme Court

Decided April 15, 1883

Mississippi Supreme Court · decided 1883-04-15

Aureal from the Circuit Court of Tallahatchie County. • Hon-. A. T. KoaNe, Judge. On the 27th of May, 1881, J. L. Fletcher brought this action of ejectment to recover of H. S. Trewalla, possession of certain lots of land lying in the town of Charleston, in Talla-hatchie county. The lots were sold to the State on the'first clay of March, 1880, for the delinquent taxes of 1879 ; and on .the 19th of March, 1881, the}»- were purchased from the State by the plaintiff.

Relies on Davis v. Vanarsdale

Decided 1883-04-15

Campbell, C. J.,

¶1delivered the opinion of the court.

¶2According to Davis v. Vanarsdale (59 Miss. 367), the failure to deliver the assessment-roll to the clerk of the Chancery Court by the time prescribed by law was not cured by any of the provisions of the act of 1878, in relation to public revenue, and we do not know of any principle on which we can hold that the assessment was valid as to the person who was the assessor, and invalid as to the others. There seems to be no moral objection to such a result in'-this case, but it would not consist with the doctrine applicable to the assessment and collection of taxes, which requires their legal assessment, and does not dispense with this because of the fault of the owner of the land.

¶3Judgment affirmed.

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