The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-04
IMPORTANT DECISION.

! As matter Of interest to lawyers, we giys
below the synopsis ofa decision rendered BY
Judge Hill last February in the case o
George Chapman v. George Lemon ct al
in the United States Circnit Court for the
Southern District of Mississippi. The fact.
appearing Of record were briefly these:
Chapman, citizen of New York, owned a
store house and lot in Clinton, Kinds eoun.
ty, Mississippi, which was occupied by. B.
L. Todd as tenant. In March 1880 the
property was sold for non payment Of State
and county taxes for 1879, when the State
became the purchaser. In March 1881
Lemon, Coleman and Lewis purchased from
the State, and brought an action Of eject
ment in the Circuit Court of Kinds county
against the tenant Todd to recover posses
sion ofthe premises Todd notified Chap
man of the action, but made no defense
and judgment By default was entered in
favor of plaintiffs.
Chapman then fled his bill in the United
States Circuit Court to cancel the tax deeds
and judgment in ejectment as clouds upon
his title, alleging that for various irregu-
Iarities the tax sale was void.
Defendants demurred to the bill, by
means of which several questions were
raised: l. 1t was urged that, apart from our
State statute, the owner of land out Of po-
session could not file a bill to remove clouds,
but that the remedy was by action of eject
ment, and that the State statute could not
confer Jurisdiction on the Federal courts in
such cases. 3. That Chapman, the land
lord, was concluded by the judgment in
ejectment against his tenant. 1t was also
urged that the tax sale was valid. The
other facts necessary to be understood are
given below.
In a lengthy opinion in which the author
tiles are reviewed, Judge Hill overruled
the demurrer and held that the bill showed
a proper case for relief, deciding substan-
TALLY as follows:
/. State Legislatures cannot affect the juris-
diction Of or the mode of proceeding in equity
causes in the courts of the United States; but
where right is created by State law. which
NAV be enforced according to the general
principles Of equity procedure in the Federal
courts, a remedy may be had by bill filed there
in. when there is jurisdiction of the parties
and the snbject matter.
The Mississippi statute authorizing the true
owner Of real estate, though he may be out of
possession, to file bill in chancery to remove
clouds from his title, confers right which the
Federal courts will enforce.
2 To authorize lawful sale of land for
taxes, there must be valid assessment and
levy, the assessment for which cannot be dis
pensed with by the Legislature.
The act of 1873 required the Board of Super
visors to meet at the Courthouse on the first
Monday in August for the purpose of hearing
objections oand equalizing the land assess
ments of the county, and directed that they
should continue IN session from day 90 day until
all objections acere disposed Of and the dssess-
naents equallzsd The board met in Kinds
county at the time required, but, before the
as assessments were completed, adjourned TO
meet at another time. Hefd-that this rem
dered the assessments void, and tax sales
based thereon passed no title.
8. A failure TO comply with proceedings
to a tax sale, intended to give the
owner an opportunity to redeem, does not IN
validate the title, unless it appears that he
offered to redeem or was in some way preJu-
diced
4. The land in con sroversy was sold to the
State for non-payment of taxes. The owner
failing to redeem within the twelve months
allowed, a deputy of the collector who made
the sale, with others, purchased from the
State. HeId-that the deputy was not dis
qualified from becoming purchaser.
g. Judgments only bind parties and priTies.
In eiectments judgment against tenant in
favor of a third person does not conclude the
landlord. This is true Notwithstanding the
statutory provision requiring the tenant, un-
Ter penalty of two years rent, TO notify his
andlord when sued, and giving the landlord |
he right to be admitted to defend. This right
hus to become a party is mere privilege |
granted the landlord. Ii he is admitted, he is
1ound by the judgment; otherwise he is not. |
Demurrer OUerTUled.
L. Brame, for complainant.
Shelton Shelton, for defendants