Butts v. Ricks

Citations

• 82 Miss. 533

Syllabus

<p>1. Taxation. Assessment. Unconstitutional act of legislature. Abandonment.</p> <p>An existing valid assessment of land is not affected by the passage of an unconstitutional and void act of the legislature purporting to provide for a new assessment, and cannot be said to have been abandoned.</p> <p>2. Tax Title. Statute of limitations. Code 1892, §2635.</p> <p>Where the purchaser of land at a tax sale went into the actual possession of the land after the expiration of the time allowed for redemption, and remained in such possession for three years, claiming under his tax deed, a suit to recover the land because of defects in the tax sale or any step leading to the sale is barred, under Code 1892, § 2735, so providing.</p> <p>3. Same. Possession of'part extended to whole tract. Namigable stream.</p> <p>The fact that a body of land is divided by a navigable stream and the part actually occupied lies entirely on one side of the same will not of itself prevent the application.of the doctrine that the actual occupation of a part of a tract by one, claiming under a deed, will be referred to all the lands conveyed by the deed.</p>