Albritton v. Fairley

Citations

• 116 Miss. 705
• 77 So. 651

Syllabus

<p>1. Evidence. Tax deed. Correction of description by extrinsic evidence.</p> <p>Where the tax assessment described land sold for delinquent taxes as “Mrs. N. M. Fairley, fifty feet on east half of lots 7 to 12, block 100, section 4, township 8, range 11,' City of Gulfport,” and the tax deed described the land as “One lot fifty feet on east half of lots 7 to 12,” etc., lots 7 to 12 being one hundred and sixty feet long, running east and west. Therefore the description “East half of lot 7 to 12” would certainly designate the east eighty feet of these lots. The tax deed calls for fifty feet on this eighty foot tract. Whether this fifty feet be -intended on the east or west end of this eighty-foot tract, the tax deed on its face does not disclose, but the assessment and tax deed furnish the clue which, when followed by the aid of other testimony, conducts certainly to the land intended, and in such case oral testimony and documentary proof may be introduced for this purpose.</p>