Williams v. Jones
Williams v. Jones
Opinion of the Court
An action of ejectment was brought by plaintiff in error in the Circuit Court of DeSoto county on the 18th of October, 1904, against defendants in error to recover Block 16 Daughtry’s Addition to the town of Arcadia. Judgment for defendants below, and writ of error by plaintiff. The case is here on abstracts of the record under the rule in force when the writ of error was sued out, and there is no exception to the abstract.
It was admitted on the trial that plaintiff below was the owner of the legal title to the property except as he may have been divested by tax title held by defendant Jones. By admission Wise was a tenant of Jones. The defendants introduced a tax deed to Jones dated September 21st, 1900, based on Certificate No. 2058 which the abstract states was “in due form.” This deed was objected to because the property in question was not therein described with sufficient particularity, it not stating the county or State in which it is located, and because it was immaterial and irrelevant. This objection was overruled, and this ruling is assigned as error. No copy of the tax deed is set out in the abstract, though it is stated to be “in due form.” To be “in due form” it must have followed the form laid down in the statutes, and from an examina-,
Reference
- Full Case Name
- Henry Williams, in Error v. John L. Jones and William Wise, in Error
- Status
- Published
- Syllabus
- Where an action of ejectment was tried in the Circuit Court, and the plaintiff in error here (the plaintiff below) relies upon an abstract of the record to reverse the ruling of the trial judge admitting in evidence a tax deed offered by the defendant below, to the admission of which it was objected that it did not describe the State and county in which the property was situated with sufficient particularity, and the abstract recites that the tax deed was in “due form,” but does not set out the tax deed in full, such abstract does not contain a sufficient statement of the evidence to show the propriety or impropriety of the action of the court below in admitting the tax deed in. evidence, and the presumption prevails 'that the trial judge rules correctly.