Board of Sup'rs v. Gully

Citations

• 122 Miss. 46

Syllabus

<p>1. Counties. Order for contract for abstracts of title need not recite opinion of board that necessity exists.</p> <p>Under section 320, Code of 1906 (section 3693, Hemingway’s Code), providing that, “when in its opinion the interest of the county would be subserved thereby,” the board may procure by purchase of or have made an abstract of titles to land in the county, it is not jurisdictional to recite in the order the opinion of the board that such necessity exists. Jurisdictional facts must be recited, but a mental state or an opinion need not be recited.</p> <p>2. Counties. Plans and specification need not be filed under contract for malting county abstract of title.</p> <p>Under section 320, Code of 1906 (section 3693, Hemingway’s Code), authorizing the board of supervisors to purchase or have made an abstract of title to lands in the county, it is not necessary to file with the clerk plans and specifications under section 361, Code of 1906 (section 3734, Hemingway’s Code); the making of abstracts involving personal skill and confidence does not come within the purview of that section.</p>