Scarborough v. Elmer , 87 Miss. 508 ( 1905 )

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.