Sexton v. Coahoma County

Citations

• 86 Miss. 380

Syllabus

<p>1. Boabd of Supervisors. Place of meeting. Leases. Sixteenth sections.</p> <p>A meeting of the hoard of supervisors, held in the chancery cleric’s office in a separate building from the courthouse, although in the courthouse yard, was illegal, and a lease of a sixteenth section made by the board at such a meeting was void.</p> <p>2. Leases. Sixteenth sections. Hutchinson's Code, p. 213, art. 12, see. 2. Ib., p. 223, art. 26, see. 5. Payment necessary to validity.</p> <p>Under the provisions of Hutchinson’s Code (p. 213, art. 12, sec. 2, and p. 223, art. 26, sec. 5), regulating the subject, an attempted lease of a sixteenth section, on which no money was paid, did not pass any title and was beyond the validating power of curative statiites.</p> <p>3. Same. Subject to taxation. Code 1857, p. 76, sec. 5, art. 20.</p> <p>Under Code 1857, p. 76, sec. 5, art. 20, so providing, sixteenth section land was subject to taxation only after it had been duly leased.</p> <p>4. Same. Lease money ail paid in cash.</p> <p>A lease of a sixteenth section was not invalidated because the consideration was all paid in cash, and not in four annual installments.</p> <p>5. Same. Ninety-four years, etc.</p> <p>A written lease of a sixteenth section for ninety-four years and thirty-four days is valid, it appearing that the lease was made for diiriety-nine years, but the execution of the writing was deferred- until the consideration money was all paid, and was then made for the balance of the term.</p> <p>6. Same. Cwratime statute. Laws 1870, p. 165, ch. 71.</p> <p>Laws 1870, p. 165, ch. 71, was intended to validate all leases previously made of sixteenth section land, though in an informal and irregular manner; and the legislative intent was not simply to bind the lessees to make the stipulated payments, but to place the reciprocal obligation on the county to comply with its part of the contract.</p>