The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1890-09-06

and directs that when the sale shal
have been made and confirmed by the
court, the said Selma, Marion aud
Memphis Railroad Company should
be absolutely barred from all right Of
redemption of said lands. and that the
purchasers should be vested with as
full right and title thereto as was vest.
ed, at any time, in said company.
The said sale was reported to and
confirmed by the court on the 18th OF
May, 1888. The decree confirming
the report provides and directs that
Bel W. Etheridge, the clerk and CON-
missioner who made the sale. should
on the payment of the purchase money,
make to the purchasers respectively q
deed Of conveyance to said lands 50
purchased by them, which should con-
tain covenant and have the effect Of
absolutely barring the said Railroad
Company from all equity of redemp-
tion; and that the purchasers should
thereby, be vested with full right and
title thereto, in as full and complete a
manner as the same was vested, at any
time, in said company. 1t is further
directed that the trustees under the
mortgages should unite in such con-
veyanees. Deeds by Bell w. Etheridge
as clerk and commissioner in which
j. W. FAINT as trustee, Joined as direct
ed, were executed and delivered to
the purchasers of said lands, but the
other two trustees, Hill and Coleman
failed to unite in such conveyances,
the former being physically unable to
do so, and having since died, and the
latter being nonresident Of this State
or the State of Tennessee.
All the property conveyed in said
mortgage, other than the lands em-
braced in this suit, was, by the decree
OF said court in that cause, sold and
the sale was confirmed, and the pur-
chasers put in possession OF tho same
on the 9th day of July, 1880.
In the said cause Of Luke p. Black
burn VS.. tho Selma, Marion and Holly
Springs Railroad Company said COM
pany and the trustees under said
mortgage or trust deed were made
and became parties to said suit, either
by service of process or voluntary ap-
pearancc, and the orders, decrees and
proceedings had in said cause remain
unappealed from and are in full force
so far as the court had jurisdiction
thereof On the 2nd day Of December,
1878, Timpson h Tappan, assignees in
bankruptcy of Henry Clews Il Co.,
obtained In the District Court Of the
United States for the Northern Dis
trict of Mississippi Judgment against
the Selma, Marion and Holly Springs
Railroad Company for s4S1, ,227.98.
On the 18th of November, 1885, w.
III. Simpson, as the trustee in bank
ruptcy Of said Clews u Co., brought
his aclion In the District Court of the
United States for the Northern Dis
trict of Mississippi, founded upon the
judgment recovered as aforesaid. The
process was served upon II. A. Muir
dock, the return Of the marshal beng
as follows; Executed November 10th,
1885, by handing to Il. A. Murdoch,
Esq, of Oksiona, Miss, a true copy OF
this writ;n and on June the 10th, 1886,
judgment nil dicit was rendered in
favor ofthe plaintiff against said Selma,
Marion and Memphis railroad Com
pany, for the sum of $737,904
Upon this Judgment executions were
issued to the marshals of the Northern
and Southern Districts Of Mississippi
to be levied by them, upon the lands
situated IN the respective districts
They were by them levied OIL the lands
herein involved which were sold and
purchased by the complainants in this
suit to whom deeds were executed by
the said marshals for those sold by
each. These are all the facts deemed
necessary to be stated in connection
with tho complainants' title aud the
effect of the sale made under the de-
cree of the United States Circuit Court
for the Western District Of Tennessee
The defendants claim title undel
various conveyances made by county
sheriIs aud tax collectors and the Au.
dltor of Public Accounts, and undel
the decree of the Chancery Court o
Kinds county, and sale and conveyance
made in pursuance thereto,
The facts upon which defendant
rely TO maintain their title as showl
by the proof are briefly as follows:
On December 2nd, 1858, statut'
was passed by the Legislature of thi
State for the construction of levees OIL
tho eastern bank of the Mississippi
River to prevent the lands, in what i
known as the Delta, from being over
flowed by the Mississippi River, and ]
: was provided that the levee commits
sioners, created by the act, should issu
bonds to be used in payment for tn
construction of said levoes. To pro
vide for the payment of these bonds
tax was levied upon the lands within
the levee district of q specified sun
, per acre, as q ohargcsin rem to be pai'
annually to the sheriff and tax colecto
of the county in which the lands lay
} and upon default, the sheriff was t
sell the land, subject to redemption
within two years, and his deed wa
T declared in advance 10 be prima faci
, evidence of the regularity of the sale
Under this act a large amount OF wor
was done, and large number OF bond
) were issued. The war intervenin
but small amount of taxes were pal
and a very large indebtedness remain
ed due, To provide for the paymen
!. of this indebtedness, the Legislator
| passed the act of the 18th of Februar!
! 1867, known as the liquidating lcve
: law, al The request of and with tn
:, consent of the holders of these bond
Q by and under which re-adjustmef
/ of said Indebtedness was had, the bon
f holders RENTED all interest, and mo-
d bonds were issued in place of the oil
t ones, aud specific tax of five cent
Q per acre oil q portion of said lane
l and three cents on the remainder wa
d levied in rem and declared TO be allie
# on the same to be paid annually to II
n sheriff and tax collector of the count
o in which the land was situated, on
], before the 1st day of May in each yea
It and upon non-payment Of the sam
# said sheriff and tax collector was q