Wheeler v. Lynch
Mississippi Supreme Court
Wheeler v. Lynch, 89 Miss. 157 (Miss. 1906)
42 So. 538
Calhoon
Wheeler v. Lynch
Opinion of the Court
delivered the opinion of the court.
We think the demurrer to the original bill should have been overruled. See the cases cited ,in the brief of counsel. If this were not true, it is still true that the demurrer to the amended declaration should have been overruled. Ann. Code 1892, § 3776; Dodds v. Marx, 63 Miss., 445.
Reversed and remanded, with thirty days to appellee to ansiuer the bill after mandate filed below.
Reference
- Full Case Name
- Zius W. Wheeler v. Dorsey M. Lynch
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Description. Ambiguity. Patent. Taos deed. A description of land in a tax deed as “situated in the county and assessed to Betty Lynch, to wit: West part N W 1 sec. 29, township 1, range 8, one hundred and ten (110) acres, more or less,” is not void as continuing a patent ambiguity. 2. Same. Code 1892, § 3776. In such case, under Code 1892, § 3776, providing that oral testimony shall be admissible to apply a description of land in a tax deed where it will show what land was assessed and sold, it is competent to aid the description by the assessment roll and such testimony, there being enough in the description to bring it within the perview of the statute, if in fact it needs to be aided.