McMahon v. Yazoo Delta Lumber Co.

Citations

• 92 Miss. 459
• 43 So. 957

Syllabus

<p>1. Statute op Limitations. Code 1892, § 2730. Adverse possession.</p> <p>The facts relied upon to establish a defense predicated of adverse possession of land must be as distinct as the character of the land reasonably admits of, and must be exercised with sufficient continuity to acquaint the owner, should he visit the land, that a claim of ownership adverse to his title is being asserted.</p> <p>2. Equity. Quieting titles to land. Taxation. Taxes paid. Code 1880,. § 536. Accounting. What claims for taxes allowable, what not. Rents.</p> <p>Upon rendering a decree in complainant’s favor quieting his title-to lands and cancelling defendant’s claims under tax titles:</p> <p>(a) It was proper to allow defendant the sum paid by him as purchaser at a tax collector’s sale, with twenty-five per centum damages and ten per centum per annum interest thereon, the land being taxable at the time of the sale, as provided Code 1880, § 536, making the purchase money with such damages and interest a lien on the land; but</p> <p>(B) On land not taxable at the time of a pretended sale to the state, it was proper to disallow defendant money paid the state to redeem therefrom, and allow him only the amount of taxes paid on the land after it became taxable with six per centum interest per annum thereon; and</p> <p>(c) It was improper not to divide equally between the parties the costs and expenses of an accounting, there being charges against both; and</p> <p>,(d) It was improper to disallow complainant a well proved claim for the rent of a part of the land.</p>