Smith v. Jassen

Citations

• 105 Miss. 227
• 62 So. 172

Syllabus

<p>1. Equity. Reopening case. Dismissal of original bill. Quieting title. Removal of cloud. Averment as to possession. Code 1906, sections 549-550. Demurrer. Laches. Taxation. Tax title. Clouds. Removal. Pleading.</p> <p>Where complainant filed a bill in chancery to quiet title to land, against a named party, and all others claiming an interest in the land described in the bill, and publication was duly made for unknown claimants and after judgment, unknown claimants, for whom only publication was made, appear within two. years and have the case opened and file an answer and cross-bill, complainants may dismiss the bill so far as it affects such claimants.</p> <p>0-1 2. Same.</p> <p>In such case the cross-bill being a proceeding under section 550, Code 1906 instead of section 549, it was unnecessary for it to contain an averment either that the cross-complainants were in possession of the land or that there was no adverse occupancy thereof.</p> <p>8. Same.</p> <p>While the delay of cross-complainants in asserting their rights may be great yet where the cross-bill states no facts showing that such delay has worked any disadvantage to another or changed the condition of the parties to the suit, such delay will not be ground for demurrer.</p> <p>4. Taxation. Tax title. Cloud. Removal. Pleading.</p> <p>A cross-bill sufficiently avers the payment of the taxes on land, for the alleged non-payment of which it was sold, ’ and under which sale complainants claim title, which charges that cross-complainants are informed and believe that any taxes which may have been due for the year 1884 against said land were paid before the time prescribed by law for the sale of land for delinquent taxes for the year 1884, directly or indirectly, by W. for S., the then owner, and that if mistaken in this, they are informed and believe that any just and legal tax against said lands for the year 1884, was within the prescribed time tendered or offered to the tax collector of the proper county