Brannan v. Lyon

Mississippi Supreme Court
Brannan v. Lyon, 86 Miss. 401 (Miss. 1905)
Whitfield

Brannan v. Lyon

Opinion of the Court

Whitfield, C. J.,

delivered the opinion of the court.

The action of the chancellor was correct, so far as the sale made on March 7, 1898, for the taxes of 1897, is concerned, and the decree as to that land is affirmed. But his action in respect to the sale of land on the first Monday of March, 1900, *406for tbe taxes of 1899, was incorrect, for tbe reason tbat tbe evidence conclusively shows tbat tbe appellant tendered tbe full amount of tbe taxes to tbe tax collector, who not only told bim tbat tbe taxes bad been paid already, but banded bim a written list of lands on which tbis identical land was shown to have been paid on by tbe Delta & Pine Land Company. A sale under such circumstances is, of course, void. As to tbis land, therefore, tbe decree is reversed, and tbe bill as to tbis land dismissed.

Decree here accordingly.

Reference

Full Case Name
Henry Brannan v. Emily C. Lyon
Cited By
9 cases
Status
Published
Syllabus
Taxation. Tax sale. Tender of taxes. Where a taxpayer seasonably tendered to the tax collector the full amount of taxes on his land, and the tender was refused, the officer leading the taxpayer to believe that the taxes had been paid by another, a sale of the land thereafter for said taxes will be void.