House v. Gumble & Co.

Citations

• 78 Miss. 259

Syllabus

<p>1. Chancery Court. Practice. Violation of injunction. Parties.</p> <p>A purchaser of land alleged to have been sold under a deed of trust for his benefit, in violation of an injunction sued out by the grantor therein, can maintain a bill to cancel the tax deed of one who is not a party to the injunction suit, since the purchaser’s deed is prima facie valid as against the other parties to the trust deed, and the tax title claimant is not in a position to complain of the violation of the injunction.</p> <p>2. Same. Exhibits to equity pleadings. Code 1’892, g 528.</p> <p>When an exhibit made a part of a bill of complaint, under code 1892, $ 528, is contradicted by an averment of the bill, not seeking reformation, the fact will be taken to be in conformity with the exhibit. Coxy. Simmons, 57 Miss., 183, 203, cited.y</p> <p>3. Tax Titles. Lots. Joint assessment. Separate sale. Code 1892, $ 3814.</p> <p>Separate tax sales of two or more lots assessed as an entirety at a single valuation, being contrary to code 1892, § 3814, impart no title to the purchaser, and a tax collector’s deeds to lots so sold are void.</p>