The Iuka vidette. (Iuka, Miss.) 1894-1912, 1912-02-29
TITLE TO STATE SWAMP LAND
GOV. BREWER SENDS IN MESSAGE
ON THE SUBJECT.
Historical Data Which Sheds Light on
Land Which Has Passed Into
Other Hands.

Jackson--Governor Brewer submitted
to the legislature the following message
on the subject of the swamp and over
flowed lands of the state whose titles
have gotten into a badly mixed condi-
ton:
To the Senate and House of Representa-
tives:
conference.-the public lands belong
ing to the state of Mississippi include
the lands commonly known as swamp
and overlooked lands, the internal inn
provement lands, the Chickasaw school
lands, the Choctaw school lands, more
commonly known as sixteenth section
lands, lands that have escheated to the
state under legal proceedings and for
feited tax lands.
The title of the state to the lands
owned by it is easily traced, except as
to the forfeited tax lands. 1t is very
probable that many of the tax title
lands sold to the state for non-pay
ment of taxes are defective, if not worth
less, because of irregularities in the pro-
ceedings leading up to the sale of the
lands for taxes.
Between 1865 and 1850, our laws reg
ulating and providing for sales of
lands for non-payment of taxes were
uncertain, ambiguous and crudely
framed During that period or part
of it, in some counties, the officers
charged with duties in regard to these
laws were incompetent; and during
this period vast quantities of lands were
sold for non-payment of taxes thereon,
and at the sales, were knocked off to
the state.
1t has been called to my 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 and their
homes purchased from the state and a
patent issued by the state to the pur-
chaser, the state claiming title under
some ancient tax sale, often of doubtful
validity and of which the citizen had
never heard. In such cases, the issuance
of a patent by the state, even if the
state had no legal title, serves to cloud
the title of the citizen and necessitates
resort to the courts by him to clear
his title and thus involves him in an
unfair expenditure of his means.
On the other hand, if the state had
a good title to the lands, the citizen
loses the home and lands, to which in
good faith, he believed he had valid
title.
1t is manifestly wrong for the citizen
Of the state to be placed in the owner
ship of their lands and homes, at the
mercy of spectators and adventurers,
WHO search among musty old records and
find that many years ago, the state Sc
cured some kind Of title to or claim to
lands by virtue of tax sale, and who
thereupon secure patent from the state,
and then take from the citizen the realty
that he believed in good faith belonged
to him, or force him to pay large sum
in compromise and for release of claim
to the lands.
1 submit to your consideration the
that legislation be enacted
that will prevent the states patenting
any lands especially forfeited tax lands)
that are actually occupied by a citizen,
or cultivated by him, or that is assessed
to an individual on the assessment roll
of the county, without requiring the APP
plicant to purchase, to give notice to the
occupant, claimant or person to whom
the land is assessed, of the intention of
the applicant to purchase the land from
the state.
And any legislation along this line
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 first
chance or option to purchase from the
state, and thus perfect a title already
believed by him, in good faith, to be
valid.
EARL BREWER, Governor.