Hibbard v. Brown
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Tried before the Hon. P. O. Happep. This action was brought by Sallie V. ,B. Hibbard against R. B. Brown, to recover the possession of a tract of land, which was in the possession of the defendant, together with damages for its detention; and was commenced on the 30th August, 1873. The defendant pleaded, “ in short by consent, 1st, the general issue; and, 2d, that since the commencement of this suit, and within two years from the sale…
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Appeal from the Circuit Court of Monroe. Tried before the Hon. P. O. Happep. This action was brought by Sallie V. ,B. Hibbard against R. B. Brown, to recover the possession of a tract of land, which was in the possession of the defendant, together with damages for its detention; and was commenced on the 30th August, 1873. The defendant pleaded, “ in short by consent, 1st, the general issue; and, 2d, that since the commencement of this suit, and within two years from the sale by the tax-collector, he had redeemed the lands sued for.” Issue was joined on the first plea, and the alleged…
1Opinion of the CourtB. E. Saffold, J.
Does the certificate of purchase of real property, which the tax-collector is required to give, under section seventy-two of the revenue act of 1868, vest such title in the purchaser as will support ejectment brought by him, against the owner in possession, within two years from the date of the tax sale ?
Section seventy-three of the act makes the certificate assignable by indorsement simply, with the effect of transferring to the assignee all the right and title of the original purchaser. Such a mode of conveying the title of land is not recognized by our law, either in judicial sales, or by…
2Cases cited1 opinion
- Graham v. NewmanSupreme Court of Alabama · 1852
3Cited by3 opinions
- Elrod v. GrovesSupreme Court of Georgia · 1902
- Costley v. AllenSupreme Court of Alabama · 1876
- Gabel v. Williams, New York County Courts1904