Davis v. Cass
Davis v. Cass
Opinion of the Court
delivered the opinion of the court.
Mrs. Cass was not the owner of an}’ interest in the lot in controversy at the time of her death. Her interest therein had been sold to the state, in March, 1881, for the taxes due thereon for the year 1880. The period for redemption expired in March, 1882. Mrs. Cass died in July, 1882, and, so far as the record discloses, had, at that time, no interest in the lot. The period allowed for redemption having expired, the state’s title was absolute, and nothing remained in Mrs. Cass of her former estate in the land. When Mr. Cass bought from the state, he became owner of the land, and having, in turn, neglected to pay the taxes due to the city of Jackson, it was lawfully sold therefor, and the time allowed for redemption from that sale has also elapsed; but, in addition to this, it appears
The acquisition of this title by Davis, or by his wife if she had seen proper to buy the land, is not at all affected by the fact of the formerly existing tenancy in common between Mrs. Cass and Mrs. Lynch. That was long ago dissolved, and the purchasers from the state, Mrs. Davis and Mr. Cass, have never dealt with the land as tenants in common. Claiming in sever-
The decree, is reversed and bill dismissed.
Reference
- Full Case Name
- Isaiah Davis v. C. L. C. Cass
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Tax Title. IF ho may acquire. Co-tenants. Occupancy m severalty. Where the purchaser of an undivided interest in land takes possession of and occupies in severalty a part thereof, and procures such part to he assessed to herself, and the owner of the other interest, in recognition of such partition, has-the remainder assessed-to him and pays taxes thereon, they owe each other no duty as to th e payment of taxes, such as ordinarily exists between tenants in common, and if the part assessed to one be thereafter sold for taxes, the other is not precluded from acquiring it. 2. Pbocess. Publication. Failure of defendant to receive. Decree. A complainant is not bound to know, with absolute certainty, the address of nonresident defendants. In a proceeding according to the statute to confirm a tax title, where publication is made for all persons claiming any interest in the land, and the notice is by the clerk mailed to a nonresident defendant at the address given in the bill, a pro confesso decree confirming the title is not void because the notice was, through mistake, mailed to the wrong address, and failed to reach the party.