Oxford eagle., 1912-02-29
TITLE TOSTATE SWAMP LAND
GOV. BREWER SENDS IN MESSAGE
ON THE SUBJECT.
Historical Data which Sheds Light 90
Land vhieh Has Passed lnts
Other Hands

Jackson -t'oy~ruor Brewer .abmitt-i
to the legislature the following unes-a<r
on the -ublrrt et the swsmp sol ov-r-
flowed lsn,is Of the state whose titir.
have gotten into a bsily miNrd cundi-
tiou:
To the Seuate aud House Of R.prrs~uss-
tIve-.
Gentlemeu-Thr publie lan.ls h~isag-
ing to the state OF Mississippi, iasiasi~
the iand- commonly known a. swamp
and overnoWed lands. the internal i'm
provemsnt lansl-. the Chirka-sv school
lands. the Ch~etaw -ehoal tassls4 ns~-
commonly known a. sixteenth .ertioa
lands, lands that have esrh-sred 70 th.s
state unsier legal proceedings and for
feited tax lands
The title ~ the state - ths lsnfs
owned BY u y easily traced. srrept -
70 the forfeited tax sn,is II j. vsrv
probable THAT many af the tax tifl~
l1nds sold to the state tor noa-psr
rlsnt Of taxes are defective. " not worth.
les. because OF irregularities in the pro-
e~S-iing~ l~sding up to th- sais Il ths
lan,is for taxes
Between 1895 AMI 1850. our law. reg
ulatiu- and providing for sales %
Lands for uou-payment of taxes wsr-
uncertain. ambiguous AMI cr,sl-lv
framed During that period or a part
Of tt. in some cuunties. the officers
charged with DUTIES in regard to the-e
laws were incompetent. and during
this p-rio.l vast Quantities OF lands wers
sold for Hon-paymeRt Of taxes thereon.
and al the sal~-, were knocked OF to
the state.
II has BEEN ealls-i 70 nv attention
that instances have occurred within the
last few years. in which citizens who
resided on lands in the belief that they
Owned the same. and who had deeds to
the lands. have had their lands aud their
homes purchased from the state and a
patent issued By the state to the pur-
chaser. the state claiming title under
some tacient tax sale. often Of doubtful
validity and Of vhich the citizen had
never heard In such cases. the ISSUANCE
N a patent By the state. svsn II the
state had no legal title. s~rv-- to claui
the title Of tho citizen and nec~ssitatss
a resort TO the courts BY HIM TO clesr
hrs title and thus involves him in an
unfair expenditure OF his means
On the other hand. il the state hai
a good title TO the lands. the citizen
loses the home and lands. 20 which in
good faith. b. believed a. had . valid
titls.
Il is manifestly wreng TOR tho citizen
Of the state to BE- placed IN the owner
ship Of their lands and homes, st the
mercy OF spectators and adventures.
who search among mu<ty old records and
find that RsIny years ago. she stats go
cured -,af- krd Of title 70 Or clam to
lands BY virtue Of n tax sale, and who
taervupon secure a patent from the state.
and then take from the citizen the realty
that he believed IN good faith belonged
to him. or forc~ him to pay a large sum
IN coruprorn Sc and f0r a release Of claim
To me Lands.
I submit 10 ynsr consideration the
suggestion, that legislation b. enacted
that VIII prevent the states Patenting
any lands lespecilIly forfeited tar Iand-l
that are actually o-cupied BY a citizen.
or Cultivated oy ann or tbee = Assessed
- an individual or tte assessment roll
OF the county, without requiring the ap-
plieant to purchase. 70 give notice 60 the
occupant, claimant or person 10 whom
the land i assessed. Of the intention Of
the applicant to purchase the land from
the state.
And any legislation along this hns
should. in my opinion, also provide that
the occupant OF any such land or the
claimant thereto. in good faith, under
color of title. should be given the irst
change or option 20 purchase from the
state. and thus perfect a title already
believed by him, in good taith. TO De
valid
EARL BREWER. Governor.