Circuit Court Decisions

The Gazette
December 4, 1901

Last week Judges Pugh and Gray, constituting the court of appeals, handed down opinions in the cases argued at the recent session of court here.

In the suit of B. W. Pardue vs. J. M. Mosely, the judgment of the lower court in favor of defendant was affirmed. This was an action brought by Pardue to annul a tax deed of 160 acres of land which Mosely purchased last summer at tax sale. A few years ago Pardue acquired title of this land at sheriff sale in suit of Millsaps & Co. vs. J. E. Ellis, but failing to properly look after the payment of taxes the land was adjudicated to the state of Louisiana for delinquent taxes prior to date of Pardue’s purchase, and Mosely purchased it from the state at tax sale under Act 80 of 1888. The court sustained the tax sale,

In the suit of J. B. Spears et al. vs J. A. Carroll, the appellate court reversed the judgment of the lower court, giving plaintiffs the land sued for and allowing them three years’ rent at $150 per annum; and gave Carroll judgment for $610. Thus the plaintiffs get the land in dispute by paying $160 cash. This was a case where Dr. J. B. Spears, acting as tutor for his first wife’s minor children, sold to Mr. Carroll a tract of land belonging to said minors. But, through oversight, the proceedings of the family meeting authorizing the sale were never homologated by judgment of court. Hence, the appellate court held that the deed executed by Spears was defective and not legally binding on the minors.

 

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