The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1890-09-06
NO. 8

a nominal existence for three year.
thereafter in order that any balance Of
its assets may be administered for the
benefit of creditors, and stockholders
as provided in section 104l of the
Code. The road bed, franchise and all
other property connected with and
necessary for the keeping in repair
and operation of the road, was pur-
chased by j. j. Busby aud his as
soeiates, and they were put in posses
sion of the same, and the purchasers
and their associates organized a new
corporation, under the provisions OF
an act of the Legislature of this State
approved Feb. 1st, 1877, which organ
izatiOn took place on the 18th day Of
April, 1881. The Selma, Marion and
Memphis Railroad Company had 10
existence after that date except for the
purposes mentioned in section lO4l of
the Code and the existence limited and
purely statutory continued for three
years after that date aud ended on the
14th day of April, 1881.
II is difficult under the statutes and
these proceedings to come TO any
other conclusion than that the Selma,
Marion and Memphis Railroad Com
pany ceased to exist for any purpose
after that date. Tho judgment under
which complainants claim title was
rendered on the 10Th day of June,
1886, the process having been executed
ON the 10th day of Nov. 1885. The
foreclosure decree as TO these lands
was entered on the ED day of January,
1888. II is insisted upon the part of
complainants that the judgment rem
dered on the 10th day of June, 1886,
was but reviyor and continuation of
the judgment upon which IT is founded,
and that under II the lien of the prior
judgment Is continued, and that hay
lug this continuous lien they had a
right TO have the lands sold for the
satisfaction of their judgment, not
withstanding the death of the corpor-
alton. Section 267i of the Code of
1880 provides, that all actions founded
on any judgment or decree rendered
in this State, shall be brought within
seven years next after the rendition OF
such Judgment or decree, and not after
and that no execution shall issue on
such Judgment or decree after seven
years from the date of the issuance Of
the last preceding execution on such
Judgment or decree; but II does not
provide for the continuance of the lien
created by the first Judgment, and |
know of no rule of law which gives ii
that effect. The former judgment Is
treated as any other ascortained debt
when suit Is brought upon 1t. The
question as to the validity of the judg-
ment of the 10th, June 1856. is not
clear and satisfactory on the one side
or the other, but the reasons weigh
against its validity. The defendants
first claim title under the deeds of the
Levee Commissioners; secondly, under
the conveyance of the Commissioners
to Il. 9. Gordon thirdly, under the
conveyance Of Gordon to Evers
fourthly, under the conveyance OF
Mckee, Commissioner to Watson
filthy, under the conveyance of the
Auditor to Stewart, Receiver sixthly,
under the conveyance OF Watson to
thom.
The first question presented Is, as to
the validity of the title acquired by the
Liquidating Lcvce Commissioners, OF
Levee Board. The tax for which the
lands were sold was local and 0
special tax of five and three cents pei
acre levied by the Legislature and de-
clared by the statute to be tax IN
rem on the lands situated in the LeyeC
District for the purpose of paying the
Indebtedness, incurred by the Genera
Leveo Board prior to the year 1862
This statute has been held valid b,
the Supreme Court, Of this State, ii
the case of Gibbs W.. Green, 54 Miss.
page 572, and Bunch VS.. Wolcrstoin 6.
Miss, page 56, and in subsequen
decisions. In the cases above referred
to IL Is said that. tho act of 1867 con
stituted q contract between the Stat,
and the bondholdcrs, and that th,
taxes arising under its provisions ant
the lands purchased and held by th,
Levee Commissioners constituted
fund for the payment Of the liquidatlnI
leveo bonds and interest, which tn
legislature had no power to divert t.
any other purpose. That the lega
title vested in the Levee Commissioner
by a sale and conveyance of the lant
for the non-payment of the taxes, wa
transferable at their pleasure for tn
purpose of paying said bonds.
Numerous exceptions arc urged AM
taken to the validity of these sales
One of these applies to tho lands il
Sunflower county and portions of th
lands In other counties and based OF
the fact that the lands were entered
with what is known as Swamp LAM
scrip issued to other counties. Th
contention is that scrip issued to OH,
! county could only be located on land
situated In that county and that, whci
not so located, the title to the land
remained in the State and they wer,
not subject to taxation for any pur
pose.
After careful consideration of thi
question am satisfied that the objec
ton is not well taken, as to the land
In the Yazoo-Misslssippi Delta district
Tho purpose of the Legislature was Il
furnish the scrip to the different coun
ties along the Mississippi River t,
enable them to build and maintain th,
lcvees. For this purpose IL was ISSUED
TO Tunica, aud one or two other coun
ties, in which there were no swami
lands. upon which IL could be located
and, from some reason, no scrip wa
issued to Sunnowcr county because
perhaps II had no river front upor
which TO build lcvees The scrip wa
authorized to be located oil the swami
lands in the Lcvcc District. The pro
vision of the act creating the Swami
Land District east of the base of tho
hills, bordering upon the Yazoo Rivel
aud some of its tributaries, is, that tho
scrip shall be located on the swami
lands in the county to which II wa
issued. The purpose of the Issuance o.
.. scrip TO these counties was the i'm
provement of the streams and swami
lands along them but In the other ac