Brown Land Commissioners v. H. B. & Eugene Ford

• Decision Date: 22 January 1917
• Docket Number: 18716
• Citation: 73 So. 722,112 Miss. 678
• Parties: BROWN LAND COMMISSIONERS ET AL. v. H. B. & EUGENE FORD
• Court: Mississippi Supreme Court

73 So. 722

112 Miss. 678

BROWN LAND COMMISSIONERS ET AL. v. H. B. & EUGENE FORD

No. 18716

Supreme Court of Mississippi

January 22, 1917

Division B

Appeal from the chancery court of Wilkinson county, HON. R. W CUTRER, Chancellor.

Suit by H. B. & Eugene Ford against M. A. Brown, Land Commissioner and the state of Mississippi. From a decree for plaintiff against the state, the defendants appeal.

The facts are fully stated in the opinion of the court.

Decree reversed.

George H. Ethridge, Assistant Attorney-General, for appellants.

Ackland H. Jones, for appellees.

STEVENS J. ETHRIDGE, J., took no part in the decision.

OPINION

STEVENS, J.

This appeal is prosecuted by the state of Mississippi and M. A. Brown, land commissioner, from a decree of the chancery court of Wilkinson county awarding a judgment against the state in the sum of fifty dollars for the purchased price of certain land described in the bill, title to which had failed.

Appellees, as complainants in the court below, exhibited their bill in chancery against M. A. Brown, land commissioner, charging the facts following: That in the year 1903 the state, through its land commissioner, conveyed as forfeited tax land to W. H. Black the northwest quarter of section 26, township 2, range 1 west; that the consideration for the patent was fifty dollars; that Mr. Black, the vendee, conveyed the lands to complainants H. B. & Eugene Ford; that the complainants had before that time in the year 1912 filed a bill in the chancery court to confirm their tax title, and in doing so made the state land commissioner a party defendant; that this first suit was styled "Eugene Ford et al. v. Henry R. Keller et al.," being No. 832 on the docket of the said chancery court; that on the hearing of said cause the tax title conveyed by the state was held to be void, being based upon a void assessment made under what is known as the "Madison Act." The prayer of the bill in the present suit is that upon final hearing the complainants be granted a decree "requiring the said state of Mississippi to pay to them the amount of said purchase money with interest and all costs herein." A demurrer was interposed to this bill and by the court overruled. Appellants having declined to answer, complainants applied for and were granted a decree pro confesso, and final decree was entered upon the bill of complaint and decree pro confesso. This final decree that the complainants "do have and recover of and from the state of Mississippi the said sum of fifty dollars so paid for said land, with six per cent. interest thereon and all costs of this suit." The complainants relied in the court below upon and attempted to justify the relief awarded under section 2927, Code 1906.

This suit is prosecuted without authority of law. It is not a suit to confirm or try title. In the first suit filed by appellees...