Paxton v. Valley Land Co.

Citations

• 67 Miss. 96

Syllabus

<p>1. Tax Title. Purchase from levee board. Green v. Gibbs. Subsequent sale to state. Disposition of state's title.</p> <p>Laud claimed by the board of levee commissioners under a tax sale made in 1870, after being sold under decree of the chancery court of Hinds county in the case of Green v. Gibbs, became subject to taxation as other land ; and thereafter (1883) a sale of the same to the state for taxes due conferred a good title, and, after the period for redemption, the state could make such disposition of its title as was deemed proper.</p> <p>2. Same. Quit-claim by state. Acts 1884, p. 182. Acts 1888, p. 41.</p> <p>Xu case of such subsequent sale to the state a quit-claim deed, executed by the auditor to a purchaser under the above decree, in accordance with the act of March 14, 1884, vested title in such purchaser, regardless of any invalidity, if any, in the original levee-board title. This is true also of a conveyance to a purchaser under said decree, executed in pursuance of the act of March 2, 1888, and a conveyance .under this act is prima fade evidence of paramount title.</p> <p>3. Same. “ Purchaser” under said acts.</p> <p>One deriving title to land through a purchaser under said decree, though having conveyed it to another (with warranty) prior to the passage of the act of 1884, was entitled, on complying with its terms, to a conveyance of the state’s title, which would enure to his vendee. This is true also of the act of 1888. Huntingdon v. Grantland, 33 Miss. 453, cited.</p> <p>4. Chancery Court. Jurisdiction. Removal of clouds.</p> <p>The chancery court has jurisdiction of a bill by the real owner of land to cancel a void claim of title by another, though the defendant is in possession. Wofford v. Bailey, 57 Miss. 239, cited.</p>