Dennis v. Spence

Decided March 15, 1902

Mississippi Supreme Court · decided 1902-03-15

Prom the circuit court of Harrison county. Hon. Guión Q. Hall, Judge. Spence, appellee, was plaintiff, and Dennis, appellant, defendant in the court below. The action was an ejectment. The plaintiff claimed under a tax title; the land sued for was in section 14; the assessment roll offered in evidence was obscurely written, so that the parties differed as to whether the assessment of which the tax sale was predicated was of lands in section 14 or in section 4.

Decided 1902-03-15

Oatj-ioon, J.,

¶1delivered the opinion of the court.

¶2If the land was assessed as in section 4, appellee has no case; if as in section 14, appellant has no case. The assessment roll was before the judge, and the only witness before him read it as section 14. The purported copy of the assessment roll in the record shows unmistakably 14. A locating map in the record supposed to be designed as a facsimile of the roll shows unmistakably 4. But the judge saw the original, and this is the obstacle in appellant’s way. We are not shown from the record how we can properly reverse his ruling on the fact. We are not furnished with the original.

¶3Affirmed.