Walker v. Harrison

• Decision Date: 11 April 1898
• Citation: 23 So. 392,75 Miss. 665
• Court: Mississippi Supreme Court
• Parties: ADA R. WALKER ET AL. v. WILLIAM H. HARRISON ET AL

23 So. 392

75 Miss. 665

ADA R. WALKER ET AL. v. WILLIAM H. HARRISON ET AL

Supreme Court of Mississippi

April 11, 1898

March 1898

FROM the chancery court, second district, of Coahoma county HON A. H. LONGINO, Chancellor.

The facts are stated in the opinion of the court.

Decree affirmed.

J. W Cutrer, for appellants.

Appellants being the owners of the property, and having leased the same to appellee, Coats, he, Coats, cannot be suffered to acquire any tax title in derogation of their interest, and this disability extends to appellee, Harrison, who jointly purchased with Coats from the state. This position is supported by the case of Brockett v. Richardson, 61 Miss. 766. Our court has held, without exceptions to the rule, that a tenant cannot acquire a tax title in derogation of the landlord's title. Gaskins v. Blake, 27 Miss. 675; Allen v. Poole, 54 Ib., 323; Robinson v. Lewis, 68 Ib., 69; Jones v. Merrill, 69 Ib., 747; Clark v. Rainey, 72 Ib., 151; Lyebrook v. Hall, 73 Ib., 509; Black on Tax Titles, sec. 145. It was error to sustain the demurrer and dismiss the bill.

D. A. Scott, for appellees.

The following authorities will be found to sustain the decree appealed from: Nellis v. Lathrop, 22 Wend. [N. Y.], 121; Elliot v. Smith, 23 Pa. St., 131; George v. Putney, 4 Cush. [Mass. ], 358; Conley v. Stanfield, 10 Texas, 546; Wells v. Sherrer, 78 Ala. 142; Houston v. Ferris, 71 Ala. 570; 12 Am. & Eng. Enc. L., 703; Betterson v. Budd, 65 Am. Dec., 442. And the question is absolutely put at rest in this state. Rives v. Nesmith, 64 Miss. 807.

OPINION

TERRAL, J.

Mrs. Ada Renfro Walker and Mrs. Criss brought their bill to the June term, 1897, of the chancery court of Coahoma county, against W. H. Harrison and J. R. Coats, alleging said complainants, on and before the first Monday of March, 1893, to have been the legal owners of the S. E. 1/4 and E. 1/2 of S.W. 1/4 of sec. 1, T. 25, R. 3 west, in said Coahoma county, by the adverse possession thereof for more than ten years; that on the said first Monday of March, 1893, said tracts of land were sold by the tax collector of said Coahoma county for the taxes assessed and due thereon, when the same were struck off and sold to the state of Mississippi; that prior to the first day of January, 1897, the defendant, J. R. Coats, became the tenant of complainants, and took possession of said lands under a regular rental contract therefor; and that on February 19, 1897, said J. R. Coats and W. H. Harrison bought said tracts of land from the state of Mississippi for the sum of $ 507.75, and received a deed therefor. The prayer of the bill is for the cancellation of the deed made by the state to Coats and Harrison as a cloud upon complainants' title, or, if that may not be done, that complainants be allowed to redeem said hinds from said purchasers by paying them the sum paid by them therefor. A demurrer to the bill was sustained, hence this appeal.

A tenant, in the possession of land at the time of its sale for taxes, is under obligation to pay the taxes, and therefore cannot buy so as to obtain title as against his landlord. The land itself...