Wynn v. Stone
Wynn v. Stone
Opinion of the Court
delivered the opinion of the court.
After the passage of “An act to repe’al an act to redeem and protect from overflow from the river Mississippi certain bottom lauds herein described, approved March 17,1871, and for other purposes,” approved March 5, 1884, and found in acts of 1884, p. 184, it was no longer lawful for the auditor of public accounts to receive, in payment for lands sold by him,
The mandamus should have been awarded. The court ruled correctly on the questions specifically presented by the pleadings following the plea, but it presents no bar to the petition, and the demurrer should have been extended to it and sustained.
Judgment reversed, demurrer sustained to the flea, and cause remanded for defendant to answer over.
Reference
- Full Case Name
- J. H. Wynn v. W. W. Stone, Auditor
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Tax-title. Act of 1884. Auditors deed. Payment in levee bonds. Section three of the act of March 5,1884 (Laws, p. 184), abolished the levee board of the state of Mississippi, district No. 1, and provided that the auditor might receive the outstanding bonds and coupons of said levee board in the redemption and purchase of lands before that sold-for nonpayment of district No. 1 levee taxes, to the extent that said levee taxes were then due and unpaid for all years preceding, up to, and including March 17, 1883. This act repealed all statutes which made such bonds receivable in whole or part for the state and county taxes due upon such redemption or purchase. 2. Same. Payment in levee board bonds. Deed void. Therefore where the auditor, after the passage of said act, has made deeds to lands so held by the state, accepting in part payment of the state and county taxes due thereon bonds of the said levee board, district No. 1, the deeds are void, and the lands continue to be held by the state. 3. Same. Invalid sale. Subsequent purchase. Mandamus. The auditor cannot, because of such unauthorized sale, refuse to execute a deed to one who afterwards applies to purchase any of said lands, and who tenders in money the requisite amount; and if he refuses, mandamus will lie to compel execution of the deed.