Lassitter v. Lee
Supreme Court of Alabama
Appeal from Choctaw Circuit Court. Tried before Hod. Luther R, Smith. This was an action in the nature of ejectment, brought by John H. Lee and others, the appellees, against the appellant for the recovery of a tract of land situate in Choctaw county, and'which bad been sold for taxes and purchased by the appellant;. and was commenced on 1st October, 1879. Tbe appellant, defendant in tbe court below, pleaded in abatement of the action, that “he purchased the lands sued for…
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Appeal from Choctaw Circuit Court. Tried before Hod. Luther R, Smith. This was an action in the nature of ejectment, brought by John H. Lee and others, the appellees, against the appellant for the recovery of a tract of land situate in Choctaw county, and'which bad been sold for taxes and purchased by the appellant;. and was commenced on 1st October, 1879. Tbe appellant, defendant in tbe court below, pleaded in abatement of the action, that “he purchased the lands sued for at a tax sale, and the plaintiffs have not deposited in this court as required by law, double the amount of the purchase…
1Opinion of the CourtSomeryille, J.
This is an action of ejectment, or á real action in the nature thereof, brought under the statute. The defendant relied on a title acquired by purchase at a tax sale on June 6fch, 1870, a few months after which he went into possession under a certificate of purchase from the tax "collector, receiving a deed from the probate judge within the time prescribed by law.
The first ruling of the court assigned for error is the sustaining of the plaintiff’s demurrer to the plea in abatement filed by defendant. This ruling, in effect, pronounced section 98 of the Revenue Law of December 31, 1868…
2Cases cited8 opinions
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