83 Miss. 218 | Miss. | 1903
delivered the opinion of the court.
The deed in this case recited that the tax sale was made in 1897 for the taxes of 1897. The deed is for that reason void on its face. French v. McAndrew, 61 Miss., 187. The real holding of the court in Brigins v. Chandler, 60 Miss., 866, is when the facts are looked to closely, merely thát parol proof may be introduced to show the true date which a deed should have. As the date of a deed shows merely the time when the contract was made, and not the terms of the contract, it is always competent to show by parol proof a mistake as to the date of the deed. It appears very clearly from the facts that the tax collector in that case simply dated the deed January 27, 1872. It is true that it appears that it was admitted in that case, as a fact, when the evidence was being produced — not by way of demurrer —that the sale was in fact made on the first Monday in January, 1872. If what is meant to be held in that case, beyond what we
We think the decree sustaining the demurrer correct, and to that extent it is affirmed. We reverse the decree, however, dis
Reversed for amendment of bill.