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· 10/15/1901

Applewhite v. Foxworth

Citations

  • 79 Miss. 773

Syllabus

<p>1. Chancery Pleading and Practice. Answer. Evasive denials. Code 1893, g 533.</p> <p>An evasive answer in chancery, which does not deny the allegations of the bill, is insufficient to put the complainant upon proof. Code 1893, ?533.</p> <p>3. Tax Titles. Redemption. Chancery clerk misleading owner. Joint claimants.</p> <p>Where a deputy chancery clerk- is jointly interested with the purchaser of land at a tax sale, although not named in the tax deed, and timely application is made to him in his official capacity by the owner of the land to redeem, and he informs the owner that a certain sum of money is sufficient for that purpose, and receives said sum therefor, allowing the owner to depart believing that he has redeemed the land, neither the officer nor the vendee named in the deed can thereafter claim that the redemption was not perfected because the sum paid was insufficient.</p>

Judges: Whitfield

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