Legal Opinion

Gross v. Taylor

Supreme Court of Georgia

Decided April 27, 1888PublishedCited by 12 opinions

Tax. Title. Before Judge Hines. Scriven superior court. November term, 1887. Alexander Kemp died testate, leaving eight children. He bequeathed to his son, R. W. Kemp, the use and control of the land in dispute during his life, and provided that after his death it should go to his children and to the issue of such of his children as might then be dead. On arriving at majority, fifteen years after 'his father’s death, R. W. Kemp took possession of the land.

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Tax. Title. Before Judge Hines. Scriven superior court. November term, 1887. Alexander Kemp died testate, leaving eight children. He bequeathed to his son, R. W. Kemp, the use and control of the land in dispute during his life, and provided that after his death it should go to his children and to the issue of such of his children as might then be dead. On arriving at majority, fifteen years after 'his father’s death, R. W. Kemp took possession of the land. There was no executor at the time, but there was a temporary administrator, who made no objection. After this taking of possession, said…

1Opinion of the Court

Blandford, Justice.

Under the facts of this case, we think the court erred in holding that the purchaser at the tax sale acquired .a good title as against everybody. Wo do not think the purchaser got anything more than the interest of R. W. Kemp. ' Had the taxes been assessed against this particular land, instead of against all the property of Kemp., and execution issued therefor and the same been levied upon and sold thereunder, the purchaser would have gotten a good title as against the whole world. All property must pay taxes, and parties interested must see that they are paid, in order to…

2Cited by12 opinions

  1. Kirk v. BraySupreme Court of Georgia · 1935
  2. N. B. Pannell, Jr. v. Continental Can Company, Inc.Court of Appeals for the Fifth Circuit · 1977
  3. Caffey v. ParrisSupreme Court of Georgia · 1938
  4. Howell v. LawsonSupreme Court of Georgia · 1939
  5. Martin v. ClarkSupreme Court of Georgia · 1940

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