Sintes v. Barber

Citations

• 78 Miss. 585

Syllabus

<p>1. Tax Titles. Municipal tax deed. Filing with clerlt. Code 1892, 3022, 3818, 3823.</p> <p>A municipal tax deed which was not filed with the municipal clerk, there to remain subject to redemption for two years from the date of sale, is void for noncompliance with code 1892, $$ 3022, 3833, and no doubt of the availability of such omission as a defense to the grantee’s action of ejectment arises out of the terms of § 3818, code 1892, providing that the failure of the collector to file a list of the lands sold to individuals, as therein required, shall not affect the title of the purchaser.</p> <p>2. Same. Ejectment. Equity jurisdiction. Equitable defense.</p> <p>That the municipal tax deed under which plaintiff claims was not filed with the clerk in accordance with code 1892, §$ 3022, 3823, is available as a defense in ejectment, and is not such an equitable defense as will support a subsequent bill for cancellation.</p> <p>3. Same. Bona fide purchaser. Code 1892, $ 2458.</p> <p>In ejectment by the grantee in a municipal tax deed, which was not filed with the clerk as required by code 1892, g(! 3022, 3823, the defendant may show the facts entitling him to protection as a bona fide purchaser, without notice, under code 1892, § 2458, and cannot maintain a subsequent bill for cancellation on the theory that such facts constitute an equitable defense.</p> <p>4. Same. Judgment in ejectment. Conclusiveness: Code 1892, §11677, 1678.</p> <p>In view of §§ 1677, 1678, code 1892, making judgments in ejectment conclusive and providing that they may be recorded as deeds, the question as to whether or not equitable defenses may be availed of after judgment, the decision of which is not necessary to the disposition of this appeal, is reserved.</p>