The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-05-21

SpNVlhl blsl'bNfu 10 Inc Appeal,
jackson, Miss, May 20 The following
cases were decided by the Supreme Coatt
today,
by Cooper, j.:
j. Il. Sigman Va. VIM. ]. Lunday ct al
From Tunica Chancery Court. Reversed
and remanded. This case is ono of great
Importance; lands to the value OF many
millions OF dollars situated in the Yazoo
(Miss.) Delta, supposed TO be affected by
the principles therein announced. The
court, following the decision in Neyns VS..
Bailey, 62 Miss, 1873, where similar pro-
vision OF the Code OF 1871 was construed,
held that the ilve-yoar Limitation in favor
OF tax titles under Section OF tho Act OF
1850 is not mere Statute of Limitations
which was repealed by the Code OF 1871,
but operated to secure the title from attack
after the lapse OF that period is Constituted
a part OF the contract OF the purchaser OF
the delinquent lands Though not
strictly essential to determination
OF the question involved the court
further held that tho provision
OF the act of 1860 was not in fact repealed
by section 100 OF the Code OF 1871. Ii
was held that the curative provision OF
that act (of the act OF 1861 was in effect
equal in cases where the taxes had been
paid on constitutional requirements rs
assessment, ETC., had not been observed.
In this case the lands were sold to the
State in 1867 for the taxes of 1866. In
1860 they were sold for evee taxes; in 1875
they were sold under the abatement
act and struck of to tho State. In 1878
they were sold by Gwin and Hemingway,
commissioners, in case of Gwin and Gibbs,
and the title thus conveyed became vested
in appellant. In November, 1873, and in
1883 she procured the Auditors release OF
the States title, and over section ga in
Code OF 1880. II was further held that
while the appellant by procuring the re-
lease may have intended TO unite In her
self both the title OF the Levec Board, and
that derived by the State under the sale OF
1870, the evidence she exhibited before
the Auditor proved that the State acquired
no title by that sale because the taxes had
been paid and the Leyee Board acquired
none by its proceeding, because the State
then had title 20 the land, and by that the
sale valid tax-title 10 the lands described
in the release on the facts shown, was
that derived by thu State In 1867, aud
that she surrendered in consideration OF
the payment OF the taxes OF 1874. In the
construction OF the act OF 1860 construed
above) there is involved six suits, now
pending in the United States Courts in
this State, wherein Delta lands amounting
TO several millions OF dollars in value
are being sued for, one OF which Ford *
Levy VS.. the Delta and Pine Land Com
pany and Others, was argued and sub.
mitted on demurrer here last week, in
which several leading firms Of the bar Of
the State were engaged. Tho defendants
therein feel quito comfortable over this
decision. The opinion is fully elaborate
and hard TO make a synopsis Of, but the
above is the gist OF IL.
Annie kempthill, minor, by next friend,
W. the city OF Meridian, from Lauderdale
County Court; reversed and remanded.
This was n suit for damages for personal
injuries received on account OF defective
street
by Arnold, j.:
w. w. Helm Vs. the State, indicted in
Yazoo Circuit Court for murder and con-
yicted Of manslaughter, there having been
two trials OF the case. On the first trial
the jury failed 10 agree, and was discharged
| hEhuHi Alt Noll1tui VI inc utltnuunt. Ou
| the second trial the plea OF former jeop.
ardy was entered. To this the State de-
INJURED, which was sustained below; re-
yersed, demurrer oyenulod, the alleged
bill OF exceptions stricken out and cause
rcmanded.
Vicksburg & Meridian Railroad Com.
pany W.. Mrs. l.. A. Bradley, from First
District, Kinds Chancery Court. Re-
yersed and rcmanded.
Thomas b. Alsop w. Annie Marley
Cowan, from Warren Circuit Court. Mo.
ton TO set aside judgment heretofore rcn.
dered affirming the cause was oveTulcd.
Sheman x Davis vs.. Union National
Bank OF New Orleans, from azoo Chan
Gerry Court. Motion 10 amend Judgment
heretofore rendered rs 10 damages was
sustained.
by Campbell, j.:
John L. Cooke Va. Sallie G.. Wallace,
from First District, Pamela Chancery
Court. Reversed, and decree here.
:. d. Currie VI. Ellen l.. Moore, from
Leilore Chancory Court. Affirmed.
John Donnelly ct al. vs. William Ray.
from Carroll Chanccry Court. Reversed
and romandcd.
The State docket for the Second District
was called and the same disposedof. The
civil docket Of said district was then pro-
cocded with.