McNamara v. Baird

Citations

• 72 Miss. 89

Syllabus

<p>1. Tax Sale. Abatement act. Infants. Bight of redemption.</p> <p>The abatement act (Laws 1875, p. 11), while containing- no express saving in favor of infants as to the right to redeem land from tax sale after attaining majority, provides in $ 13 that lands sold to the state shall be held “subject to the equity of redemption” for twelve months, as provided in 1701, 1702, code 1871. These sections contain a saying in favor of infants, and, as repeals by implication are not favored, the right was preserved to infants, within-one year after attaining majority, to redeem lands sold to the state under said act.</p> <p>2. Same. Bedemption. Death. Bight of heir. Time to redeem.</p> <p>Where an infant, having until one year after majority to redeem land from tax sale, dies, Ms heir has the same time in which to redeem, and is not limited to one year after the death of the infant. This is not cumulating disabilities, but g-iving effect to the right existing in the ancestor.</p>