Patterson v. Langston

• Decision Date: 18 January 1892
• Citation: 69 Miss. 400,11 So. 932
• Court: Mississippi Supreme Court
• Parties: C. L. PATTERSON v. M. A. LANGSTON

11 So. 932

69 Miss. 400

C. L. PATTERSON v. M. A. LANGSTON

Supreme Court of Mississippi

January 18, 1892

FROM the chancery court of Marshall county, HON. B. T. KIMBROUGH Chancellor.

Appellant C. L. Patterson, filed a bill against appellee, M. A Langston, alleging that certain land, situated in Marshall county, was sold to the state for taxes in 1885; that on February 28, 1889, complainant duly purchased the same from the state, receiving a deed from the auditor, which, on the day of its execution, was registered in the office of the state treasurer, as required by law; that afterwards, on the fourth day of March, 1889, defendant applied to the auditor for the purchase of the same land, and received from him a deed therefor, which she filed for record in the office of the chancery clerk of Marshall county prior to the filing of complainant's deed for record. The bill further alleged that, by virtue of complainant's purchase from the state and the registration of the deed in the office of the treasurer, the defendant had notice of complainant's title. It was alleged that, after making the last deed, the auditor, discovering that it had been erroneously executed informed defendant of the fact, and offered to refund the money upon surrender of the deed; that defendant refused to surrender the same, and is in possession of the property, claiming to be the owner by virtue of her purchase from the state. The prayer of the bill was that the deed of defendant be canceled as a cloud upon complainant's title.

Defendant demurred, upon the ground that the bill showed no equity, and because it appeared from its allegations that the defendant was a bona fide purchaser of the land. From a decree sustaining the demurrer and dismissing the bill, complainant appeals.

Decree reversed, demurrer overruled and cause remanded.

William M. Strickland, for appellant.

Sections 561, 562 and 567 of the code required certain duties of the auditor and treasurer in respect to tax-lands purchased from the state. When these requirements are complied with, as was done in this case, all the title of the state passes to the purchaser. The deed is registered in the office of the treasurer, and the auditor is required to give immediate notice of the purchase to the chancery clerk of the county where the lands are situated. This operates as notice. No fraud can be imputed to the state. The officers having complied with their duty in respect to the first sale, the attempted sale thereafter was void, and the deed executed by the auditor could not affect the title of complainant. Shelton v. Kiern, 45 Miss. 106; Clements v. Anderson, 46 Ib., 581.

Smith & Totten, for appellee.

The bill shows that appellant's deed from the state was riot filed for record until after appellee's deed was recorded. Prior to the receipt and record of her deed, it is not shown that appellee had any notice, actual or constructive, of appellant's purchase from the auditor. The registration of the deed in the office of the treasurer was not notice, and was not intended to...