Jonas v. Flanniken

Citations

• 69 Miss. 577

Syllabus

<p>1. Adverse Possession. Ownership and possession in severalty.</p> <p>As against those claiming to own with defendant an undivided interest in land, the statute of limitations, under which ten years’ adverse possession confers title, does not begin to run until there is claim of title as sole owner, and possession in severalty, by the defendant or some one under whom he claims.'</p> <p>2. Tax-title. Lapse of time. Code 1871, § 1709. Repeal.</p> <p>Section 1709, code 1871, limiting actions to invalidate tax-titles to three years from the day of sale, applies to tax-sales made in March, 1876. Its subsequent repeal, before the expiration of three years, did not affect the right of purchasers at such sale. Gibson v. Berry, 66 Miss., 515.</p> <p>3. Sane. Code 1871, \\ 1709. What defects cured.</p> <p>If there lias been an assessment by the assessor, and levy of taxes based thereon, and a sale for taxes, said statute applies, whether the assessment was regular or not, and whether the sale was valid or not.</p> <p>4. Tax-title. Right of co-tenant to acquire. Code 1880, § 539.</p> <p>One cannot acquire a tax-title to the defeat of his co-tenant. INor can a co-tenant who lias acquired a tax-title invoke the three years’ statute of limitations which is prescribed by code § 539, 1880, in favor of those in possession under tax-titles. McGee v. Holmes, 63 Miss., 50.</p> <p>5. Sane. Poieer to acquire. Statute of limitations. Code 1871, ? 1709. .</p> <p>Where the holder of a tax-title afterwards supplements it by purchasing the undivided interests of certain persons in the land, and then conveys the land to his wife, the latter is not, thereby, prevented from setting up the tax-title against the co-tenants of such persons; nor does such purchase stop the running of the three-years’ statute of limitations prescribed by § 1709, code 1871, in favor of the tax-title.</p>