Graham v. Warren

Citations

• 81 Miss. 330

Syllabus

<p>1. Ejectment. Tax title. Plaintiff’s incapacity to purchase. Equitable defense.</p> <p>The plaintiff in ejectment, seeking a recovery on a tax title, cannot be shown by defendant to have been incapacitated to purchase at the tax sale, since such a defense is equitable rather than legal.</p> <p>2. Same. Statute of limitations. Code 1892, %% 2730, 2734.</p> <p>Proof of ten years’ actual possession of land under claim of ownership will prima fade defeat a recovery in ejectment on a tax title executed and operative more than ten years before the beginning of the suit, since such possession and claim will be presumed to have been adverse to the tax deed.</p> <p>3. Same. Vendor and vendee. Bond for title. Tender of deed. Default.</p> <p>An ejectment cannot be maintained a,gainst one holding under a bond for title, executed by the plaintiff or his privies, without evidence of a tender of a deed to and the placing of defendant in default of his obligation evidenced by the bond, and in such case it is immaterial that a deed was tendered defendant by strangers to the bond.</p>