Edmondson v. Granberry

Mississippi Supreme Court March 15, 1896

Edmondson v. Granberry, 73 Miss. 723 (Miss. 1896)

Whitfield

Opinion of the Court

Whitfield, J.,

delivered the opinion of the court.

The failure to acknowledge the deed made in 1868 until July *72613, 1870, did not invalidate the sale. When acknowledged, the acknowledgment recited that it was delivered on the day of its date, the sixth day of July, 1868. The filing on the fourteenth of September, 1870, was a filing for record. The deed, not having been shown not to have been lodged with the probate clerk for the two years required, and the acknowledgment being of delivery on the day of its date, it sufficiently appears that the deed was lodged with the probate clerk for the two years. The acknowledgment was for the purpose of registration. The owner, whose land had been sold for taxes, was as fully apprised of all his rights as to redemption by the deed, thus lodged at the place and with the officer and for the period designated by law, unacknowledged, as if it had been acknowledged. Acknowledgment added nothing to his information on that subject, and in no way affected his rights as to redemption. The sale to the state in 1882, for the taxes of 1881, was void, as held in Redmond v. Banks, 60 Miss., 293.

Affirmed.

Reference

Full Case Name: T. H. Edmondson v. J. M. Granberry
Cited By: 1 case
Status: Published
Syllabus: Tax Titles. Sale to state in 1868. Lodgment of deed with clerk. Adlmowl- ' edgment. Code 1857, ch. Ill, 19, arts. 36 and 39 (pp. 80, 81). La/ws 1863, p. 111. Although a tax collector’s conveyance of lands sold to the state for taxes in 1868 was not acknowledged for more than two years after its date, which is also that of the sale, it is not void for noncompliance with the provision of the code of 1857 (Code, pp. 80, 81), as amended by the act of 1863 (Acts, p. Ill), requiring such conveyances to be “acknowledged in due form before the clerk of the probate court, and filed in his office on or before the second Monday of July, there to remain two years from the date of sale, unless sooner redeemed,” when the certificate of acknowledgment recites a delivery at the date of the deed, and there is no evidence that it was not in fact lodged with the clerk for the period required by law.