Bennett v. Chaffe

Campbell, C. J., delivered the opinion of the court. The complainants were relieved of the necessity of producing evidence of their title as specifically set forth in their [282] bill by the failure of the respondent to deny it specifically. Code of 1880, §1892. The tax-title relied on by the respondent, in itself, is nothing, because it is not shown that a sale for taxes was made, at which the state became the buyer, without which the conveyance by the state earned nothing; and, for the same reason, neither the act of February 10,1860, (Laws, p. 213), nor § 1709 of the code of 1871, nor § 539 of the code of 1880 is of any avail, since each must rest on a sale for taxes by the collector primarily. Those were • the sales contemplated. Clay v. Moore, 65 Miss., 81. Affirmed.