Foote v. Dismukes

Citations

• 71 Miss. 110

Syllabus

<p>1. Tax-tithe. Unlawful detainer. Gode 1880, § 538. Title not involved.</p> <p>In an action oí unlawful detainer, brought under l 538, code 1880, to recover land purchased at tax-sale, the action being purely possessory, inquiry as to the condition of the title at the time of the sale is immaterial. It is no defense that-the title was not in the defendant, but in his minor children entitled to redeem.</p> <p>2. Practice. Reserving exceptions. When timely. Bill of exceptions.</p> <p>Where a bill of exceptions sets out in order a motion to exclude defendant’s evidence, the order overruling this, defendant’s refused charges, a peremptory instruction for defendant and verdict and judgment, and then recites, “to all which rulings, charges and judgment the plaintiff excepts and tenders this his bill of exceptions, and asks that ■ the same be signed and made a part of the record in this cause, which is accordingly done in open court,” this sufficiently shows a timely reservation of exceptions to the several rulings and instructions.</p>