Mississippi Supreme Court, 1905

Scarborough v. Elmer

Scarborough v. Elmer
Mississippi Supreme Court · Decided November 15, 1905 · Galhoon
87 Miss. 508; 40 So. 69

Scarborough v. Elmer

Opinion of the Court

Galhoon, L,

delivered the opinion of the court.

Appellant’s bill to cancel the tax collector’s conveyance as a cloud should have been sustained. The tax sale was on an assessment under the Madison act, approved March 8, 1888 (Laws 1888, ch. 9, p. 24), and was void. Hawkins v. Mangum, 78 Miss., 97 (s.c., 28 South. Rep., 872). The case of Butts v. Ricks, 82 Miss., 533 (s.c., 34 South. Rep., 354), is not in point.

Reversed, and decree here for complainant for cancellation of the tax deed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.