Turpin v. County of Bibb

Duckworth, Justice.

While the petition alleges that the defendants tax deed is void because the levy was excessive, it is not alleged that the city lot levied upon was capable of subdivision. In the absence of such an allegation, the petition was fatally defective in so far as it sought to allege that the tax sale was void for excessive levy, even though it was alleged that the value of the property was much -greater than the amount due on the tax fi. fa. Miller v. Jennings, 168 Ga. 101 (3) (147 S. E. 32); Baxley State Bank v. Douglas, 185 Ga. 743 (196 S. E. 405).

The defendant in fi. fa. owned…