Davis v. Cass

Citations

• 72 Miss. 985

Syllabus

<p>1. Tax Title. IF ho may acquire. Co-tenants. Occupancy m severalty.</p> <p>Where the purchaser of an undivided interest in land takes possession of and occupies in severalty a part thereof, and procures such part to he assessed to herself, and the owner of the other interest, in recognition of such partition, has-the remainder assessed-to him and pays taxes thereon, they owe each other no duty as to th e payment of taxes, such as ordinarily exists between tenants in common, and if the part assessed to one be thereafter sold for taxes, the other is not precluded from acquiring it.</p> <p>2. Pbocess. Publication. Failure of defendant to receive. Decree.</p> <p>A complainant is not bound to know, with absolute certainty, the address of nonresident defendants. In a proceeding according to the statute to confirm a tax title, where publication is made for all persons claiming any interest in the land, and the notice is by the clerk mailed to a nonresident defendant at the address given in the bill, a pro confesso decree confirming the title is not void because the notice was, through mistake, mailed to the wrong address, and failed to reach the party.</p>