The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1859-08-03
John Ray, Appellant,
VS..
John Murdock Apnellee

1. Ia1-CoHectOT's deed-Endence.- The
statute of 1913, chap. l, sec 6, which declares
| that the deed Of the tax collector Shall be
pTTnaa faeie evidence that the tax collector
performed all things required by law of him
before selling the same, Gland, and that he
was authorized by law to sell the same for
taxes" has reference to the force and effect of
the deed as evidence, rendering it p7fnaa fucie
eFidence that the steps, required by law to
Of Is Land valid had been tsas-
en-, that IS, that he was authorized by law to
make the sale; and deyolves upon the party
controyerting the title under such deed the
burden of establishing by proof, the omission,
iregularity, or fraud to effect its validity.
The residue of the clause declaring "that
said deed shall not be impeached except for
some fraud, or neglect, directly charged and
proved" even if it points to some direct pro-
ceeding to set aside or cancel the deed, has not
the effect of excluding evidence to impeach
the deed for such omission, neglect or fraud
when offered as evidence of title IN theactlon
of ejectment-
2. Commissioner to classify lands-His ap-
pointment.-The act of 1912, chap. l, pro-
yiding for the appointment of commissioners
to classify lands-confers the power of appoint
ment in the first instance on the Board Of Po-
lice of the several counties, and the Board Of
Police may, under the statute make valid
appointment, at special term.
3. Vacancy by death or resignation.-Al-
though the statute gives to the Board of Po-
ice the power to appoint commissioners to
classify lands, in the first instance-yet it
seems that it makes no provision for the ap-
pointment of successor in case of the death
or resignation of the commissioner. The
words 1shall fail or neglect from any cause" in
the 18th section of the act would seem to ap-
ply only to case in which the officer still re-
tanning the Office, omits or refuses to complete
the classification.
f. Officer de fact0-Acts done under color
of ofice-In this case it appears that the
commissioner first appointed by the Board OF
Police resigned his office after he had COM
meneed and before he had completed the clas-
sification of the land of the county; and the
Board of Police accepted his resignation, and
appointed successor, who qualified and
proceeded to complete the classification; held
that, Notwithstanding the absence OF power IN
the Beard to fill vacancy thus occasioned,
yet as the Board had power to appoint to the
Office under certain circumstances, their ap-
pointment Of successor gave such color OF
authority to the appointee, that as to the pub
lie and third persons-his acts as COMMISSION
er are valid as the acts of an officer de tacto.
s. Sale of land for taxes by separate subdl-
yisions.-It is competent for the tax collector
to sell the eighths composing tract OF land,
separately, one after another, until enough is
sold to pay the taxes due. He may offer one
eighth and strike it off for the sum bid for ii
and if that sum is not sufficient he may then
offer another, and so on until enough is real
lied to pay the taxes due.