Hoyle v. Southern Athletic Club

The opinion of the court was delivered by

Nicholls, C. J.

Plaintiffs’ action is petitory. Their petition refers to certain tax sales as those under which defendant claimed to hold, but they are referred to as absolute nullities and are asked to be so •decreed. Defendants’ possession is admitted.

The tax sales which defendants set up as those -under which they assert ownership are declared by plaintiffs to be absolutely null on two grounds:

1. Because the property was improperly assessed and sold as a half and as a third of certain squares instead of an undivided half •and an undivided third of…