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86 Miss. 401

Brannan v. Lyon

Mississippi Supreme Court

Decided April 15, 1905

Mississippi Supreme Court · decided 1905-04-15

Ebom the chancery court of Jackson county. HoN. Thaddeus A. Wood, Chancellor. Mrs. Lyon, the appellee, was complainant, and Brannan, the appellant, defendant in the court below. Erom a decree in complainant’s favor the defendant appealed to the supreme court. The object of the suit was to confirm two tax titles to lands. The first was predicated of a sale made on March 7, 1898, for the taxes of 1897. The other wias based upon a sale made March 6, 1900, for the taxes of 1899.

Good law ✅— No negative treatment on recordhow we know

Decided 1905-04-15

How this case has been cited

Cited by 7 later decisions — most recently December 1990

7 state decisions

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Whitfield, C. J.,

¶1delivered the opinion of the court.

¶2The action of the chancellor was correct, so far as the sale made on March 7, 1898, for the taxes of 1897, is concerned, and the decree as to that land is affirmed. But his action in respect to the sale of land on the first Monday of March, 1900, *406for tbe taxes of 1899, was incorrect, for tbe reason tbat tbe evidence conclusively shows tbat tbe appellant tendered tbe full amount of tbe taxes to tbe tax collector, who not only told bim tbat tbe taxes bad been paid already, but banded bim a written list of lands on which tbis identical land was shown to have been paid on by tbe Delta & Pine Land Company. A sale under such circumstances is, of course, void. As to tbis land, therefore, tbe decree is reversed, and tbe bill as to tbis land dismissed.

¶3Decree here accordingly.

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