Chamberlain v. Board Supervisors Lawrence County

Citations

• 71 Miss. 949

Syllabus

<p>1. Board of Supervisors. Suit. Trees cut on school-land.</p> <p>Under ? 744, code 1880, which authorizes the board of supervisors to sue for money due as part of the school-fund, the board may sue for the value of trees cut on land acquired in lieu of a sixteenth section of a township of the county; and this although the land, after being so acquired, has been embraced in another county.</p> <p>2. ■ School-lards. Title when in United States. No adverse holding.</p> <p>Until sold or leased for school purposes, the title to sixteenth sections remains in the United States, which cannot be disseized. Hence, in such case pleas setting up that defendant cut the trees while in the adverse possession s>f the land are demurrable, it not being averred that the land had ever been sold or leased for school purposes.</p> <p>-3. Limitations. Suit by county. Gutting trees on school-land.</p> <p>In a suit by the board of supervisors for cutting trees on a sixteenth section, the statute of limitations may be pleaded as a defense. Brown v. Supervisors, 54 Miss., 230. So held in this case, where the right of action to which the statute was pleaded accrued prior to the constitution of 1890.</p> <p>4. Tax-title. Sixteenth section. Presumption.</p> <p>As a tax-collector’s deed to individuals and a list of lands sold to the state are, under § 1300, code 1871, prima facie evidence of a valid assessment and sale, the introduction of such deed or list establishes, prima facie, that the land had been previously sold or leased so as to become liable to taxation.</p> <p>5. Same. Sale under act of 1875. Proof of prior delinquency.</p> <p>It devolves upon one claiming under a tax-sale made by virtue of the abatement act of 1875 to show by independent evidence that the land then sold was delinquent for taxes prior to the year 1874. Chambers v. Myrick, 61 Miss., 459.</p>