Howze v. Rook Lumber Co.
Howze v. Rook Lumber Co.
Opinion of the Court
delivered the opinion of the court.
The appellee purchased a certain lot in the town of Collins at a sale made by the tax collector for unpaid taxes. The tax deed was filed in the office of the chancery clerk and the property was not redeemed within the period allowed by law. Situated upon the lot sold for taxes was a house. Between the time of the sale by the tax collector and before the period of redemption had expired the delinquent owner of the land sold the house to the appellants for the. sum of one hundred and twenty-five dollars. The appellants tore the house down and used the lumber from the same for some buildings on some land owned by them.
After the redemption period had expired and the appellee had been delivered its deed to this lot it
That appellee is entitled to recover the value of the house is settled in the case of Pool v. Ellis et al., 64 Miss. 555, 1 So. 725. There is no statutory or eommon-láw lien upon the appellants’ land. It was therefore error to so decree.
The decree will be affirmed as to the personal decree against appellants, and reversed as to the lien on the land.
Affirmed in part, and reversed in part.
Reference
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- Taxation. Sale for taxes. Bight of purchaser. Where land was sold for taxes, and between the sale and the time for redemption the delinquent owners sold a house on the land to defendants, who tore it down and used the lumber for building on other lands, in such case the purchaser, at the sale, could recover the value of the house, but had no lien upon the other land upon which the house was reerected therefor.