James v. Riley

Bell, Justice.

1. As a general rule, no property' can be sold under a tax execution in personam as the property of the defendant therein, when the defendant has neither title nor possession nor any right to represent the person who has it; and a sale under these circumstances would be void as to the true owner. Haden v. Atlanta, 177 Ga. 869 (171 S. E. 703). The evidence did not demand a finding in favor of the defendant by reason of the tax sale under which he claimed.

2. To maintain an action for trespass or injury to realty, it is essential that the plaintiff show either that he was the true…