Edwards v. . Lyman
Supreme Court of North Carolina
Civil action tried at August Term, 1897, of Buncombe Superior Court, before Norwood, J., and a jury. The action was brought by the plaintiff (under Chapter 6, Acts of 1893) as the owner, by purchase under foreclosure of a mortgage, of certain lands for which the defendant held a deed from the tax collector. The facts sufficiently appear in the opinion. There was a verdict for the plaintiff on the issues submitted and from the judgment thereon the defendant appealed.
1ConcurrenceClark, J.
The Statute provides that ‘ ‘no person shall be permitted to question the title acquired by the Sheriff’s deed (under a tax sale) without first showing that he or the person under whom he claims title had title to the property at the time of the sale and that all taxes due upon the property had been paid by such persons or the persons under whom he claims title as aforesaid.” This was quoted verbatim *745in Moore v. Byrd, 118 N. C., 688 and the legislative power to enact it has been sustained in that and other_ cases. As the law has always required a plaintiff in ejectment to prove title out of…
2Cases cited6 opinions
- De Treville v. SmallsSupreme Court of the United States · 1879
- Moore v. . ByrdSupreme Court of North Carolina · 1896
- Varnum v. ShulerSupreme Court of Iowa · 1886
- Powell v. . SikesSupreme Court of North Carolina · 1896
- W. M. Sanders v. John Earp.Supreme Court of North Carolina · 1896
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