Moritz v. Nicholson

The appellant, C. E. Moritz, brought this action in the circuit court of Washington county against appellee L. M. Nicholson, tax collector of said county, and the sureties on his official bond as such tax collector, under the authority of section 4336, Code of 1906 (Hemingway’s Code, section 6970'), to recover the penalty provided by said statute for the unlawful sale by the appellee as such tax collector of appellant’s land for its taxes after the taxes thereon had been paid. By agreement of the parties the cause was tried by the circuit judge acting both as judge and jury. From, that…