Clymer v. Cameron

Citations

• 55 Miss. 593

Syllabus

<p>1. Tax Title. Evidence. List of land sold to state.</p> <p>In an action to recover possession of land bought from tile state, where the book in the chancery clerk’s office, containing the lists of lands sold to the state for taxes, is offered in evidence to show the sale of the land in controversy to the state, the objection that the original book is produced, instead of a copy, is bad.</p> <p>2. Same. Prima-faeie evidence.</p> <p>In an action by a purchaser from the state to recover a tract of land, the deed thereto from the auditor of public accounts, and a list of lands showing a sale thereof to the state for taxes, are prima-faeie evidence of the right of the plaintiff to recover.</p> <p>3. Same. Leed. List of lands.</p> <p>The auditor’s deed to a purchaser of land from the state vests the state’s title; and the list of lands sold to the state for taxes, embracing the land in question is prima-faeie evidence that the sale to the state was valid in all respects.</p> <p>4. Same. Auditor’s deed.</p> <p>The auditor’s deed to the purchaser of tax land from the state is not primafaeie evidence of title in the purchaser.</p> <p>5. Same. Evidence. When incompetent.</p> <p>In an action where the plaintiff, being a purchaser from the state, produces the auditor’s deed and the list of lands sold to the state for taxes, embracing the land in controversy, and thereby raises the presumption of title in himself, all evidence offered by the defendant which does not tend to overthrow such presumption and defeat the plaintiff’s title should be excluded.</p> <p>6. Instructions. When ej-rors therein not considered.</p> <p>'Where a plaintiff establishes a pnma-facie right to succeed in his action, which the defendant wholly fails to overthrow, no instructions given on the trial could injure the latter, nor could the giving of any benefit him; and no error predicated of instructions in such case will be considered by this court.</p>