Hart v. Picard

Citations

• 75 Miss. 651

Syllabus

<p>1. Res Adjtjdicata. Evidence. Bill to remove cloud. Ejectment.</p> <p>A decree of a chancery court dismissing a bill filed to cancel a deed because of failure by the complainant to show title in himself, is not res adjudieata in an action of ejectment for the same land between the same parties, and the record thereof is not admissible in evidence.</p> <p>2. Tax Sale. Redemption of land sold to the state. Sheriff’s costs. Laws 1878, p. 52, sec. 49.</p> <p>The five per centum required to be paid by laws 1878, p. 52, sec. 49, to the auditor, for the sheriff, in the redemption of land sold to the state for taxes, was intended as compensation for services rendered in and about the redemption: and after the repeal of the act of 1878, by the code of 1880, it was not the duty of the auditor to collect said five per centum.</p> <p>3. State Tax Laud. Evidence. Laws 1880, p. 80.</p> <p>The book, required by the statute, laws 1880, p. 80, consolidating the lists of lands held by the state, and omitting lands the description of which was void, was only prima facie correct as to recitals therein.</p>