McCready v. Lansdale

Citations

• 58 Miss. 877

Syllabus

<p>1. Deed. Description of land. When mffiaient.</p> <p>A description of land in a deed as the “E. p’t, S. W. see. 38, T. 1, R. 1 W. — 20 acres,” is sufficiently definite, being equivalent to “twenty acres of the east part of the south-west quarter of section 38, township 1, range 1 west.’-’ The twenty acres may be laid off by a straight line drawn across the quarter-section from north to south.</p> <p>2. Taxes. Reduction of levy. Effect on sale of land.</p> <p>A levy of county taxes for the county of W. was made at the proper time, but at a subsequent meeting of the Board of Supervisors an order was made purporting to set aside the former levy and to make a new levy, reducing the rate of taxation. 0., whose land was sold for taxes under the latter levy, contended that the sale was void because the levy, not having been made at the time prescribed by law, was illegal. Meld, that, as the order changing the levy did not impose any taxes, but was a reduction of the levy made at the proper time, C. has no ground of complaint.</p> <p>3. Ejectment. Plaintiff’s title. Common source. Outstanding title.</p> <p>It is a general rule of law that a defendant in ejectment may demand that the plaintiff, in order to recover, shall show a title good against the world. But to this rule there is the exception, among others, that where the plaintiff and defendant claim title from a common source, he who has the better claim from that source must prevail, the defendant not being permitted to show a title outstanding in' a third person, with which he has no connection, superior to that of the plaintiff and older than the common source.</p> <p>4. Same. Common source of title. Title outstanding. When available to defendant.</p> <p>But even where the defendant in ejectment has acknowledged the title of the common source, and for that reason is precluded from questioning its validity at the time of his taking under it, he may avail himself of an outstanding title in a third person, with whic