Scarborough v. Elmer, 40 So. 69 (Miss. 1905). · Go Syfert
Scarborough v. Elmer, 40 So. 69 (Miss. 1905). Cases Citing This Book View Copy Cite
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At page 71 Willson, Assoc. J., dissenting1 citing case1 citing court put it this way
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Peter N. Scarborough
v.
Frank W. Elmer
Mississippi Supreme Court.
Nov 15, 1905.
Published opinion
40 So. 69
Harper & Harper, for appellant., W. II. Maybin, for appellees.
Galhoon.
Cited by 14 opinions  |  Published
Galhoon, L,

delivered the opinion of the court.

Appellant’s bill to cancel the tax collector’s conveyance as a cloud should have been sustained. The tax sale was on an assessment under the Madison act, approved March 8, 1888 (Laws 1888, ch. 9, p. 24), and was void. Hawkins v. Mangum, 78 Miss., 97 (s.c., 28 South. Rep., 872). The case of Butts v. Ricks, 82 Miss., 533 (s.c., 34 South. Rep., 354), is not in point.

Reversed, and decree here for complainant for cancellation of the tax deed.