McLemore v. Scales

Citations

• 68 Miss. 47

Syllabus

<p>1. Tax-titt,e. Unlawful detainer. Code 1880, § 538.</p> <p>Section 538, code 1880, providing for an action of unlawful detainer by a purchaser of lands at any sale for taxes, and making a judgment in his favor therein, after a lapse of one year, a bar to any action to controvert the title, applies alike to all sales of land for taxes, and precludes controversy, whatever may be the ground for assailing the title.</p> <p>2. Same. Taxes paid before sale. Tax-title not affected.</p> <p>Accordingly, after one year from such a recovery in an action of unlawful detainer, the title acquired at the tax sale cannot be invalidated by proof that the taxes for which the lands were sold had been paid before the sale.</p> <p>3. Unlawful Detainee. Jurisdiction. Code 1880, § 2651. Judgment. Waiver.</p> <p>If a defendant, summoned in unlawful detainer, appears on the return day at the office of the justice of the peace who issued the warrant, and in the absence of another justice the case is postponed to a future day with the concurrence of defendant, who appears again on the day appointed, and the justice, sitting with another, proceeds to render judgment for plaintiff, without objection from defendant, it will be valid, notwithstanding § 2651, code 1880, provides that justices shall meet on the day specified in the warrant, and organize a speoial court and proceed to trial. The appearance of the defendant cures any irregularity as to time.</p>