Harrison v. . Hahn
Supreme Court of North Carolina
This was a civil ACTION to recover land, tried before Shipp, Judge, at the Special February Term, 1885, of CraveN Superior Court. The plaintiffs claimed under a levy, sale and conveyance by the Tax Collector of the city of Newbern, and offered in evidence the following entry on the tax book for the year 1879 ; “E. D. Jones, Pollock and Spring Sts., and part lot L. Nash.
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This was a civil ACTION to recover land, tried before Shipp, Judge, at the Special February Term, 1885, of CraveN Superior Court. The plaintiffs claimed under a levy, sale and conveyance by the Tax Collector of the city of Newbern, and offered in evidence the following entry on the tax book for the year 1879 ; “E. D. Jones, Pollock and Spring Sts., and part lot L. Nash. Tax and costs $6.13.” • They also offered the following advertisement, duly published: “City Tax Collector's office, Newbern, N. C. “Take notice, that I have levied on the lands and personal property of the following named…
1Opinion of the CourtSmith, C. J.
(after stating the facts). Among the numerous objections taken to the plaintiffs’ claim under the .proceedings to enforce the payment of the tax by a sale of land, as the pi’operty of one who had no interest in it, it is necesssary, in the view we take of the ease, to advert to but one, the incurable indefiniteness of the description of the lots as found in the tax book, in the published notice of sale, and in the sale itself and the deed made to give it effect.
The office of descriptive words, is to ascertain and identify an object, and parol proof is heard, not to add to or enlarge their…
2Cases cited1 opinion
- Farmer v. . BattsSupreme Court of North Carolina · 1880
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- Katz v. . DaughtreySupreme Court of North Carolina · 1930
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