Stoudenmire v. Brown
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before Hon. J. McCaleb Wiley-. This was a real action in the nature of ejectment, under the Code, brought by appellants against appellee, Brown, in July, 1873, to recover possession of a tract of land described in the complaint.
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Appeal from the Circuit Court of Coffee. Tried before Hon. J. McCaleb Wiley-. This was a real action in the nature of ejectment, under the Code, brought by appellants against appellee, Brown, in July, 1873, to recover possession of a tract of land described in the complaint. The plaintiffs claimed under a deed dated July 24, 1873, made to them as purchasers at a tax sale in 1871, by the judge of probate of Coffee county, under sections 85 and 86 of the “ act to establish revenue laws for the State of Alabama,” approved December 31, 1868, the owner of the land having failed to redeem the same…
1Opinion of the CourtB. E. Saeeold, J.
In ejectment by the purchasers of land, at a tax sale, against a subsequent purchaser from the owner, the plaintiff's insisted on the conclusiveness of their deed from the probate judge as evidence of the facts stated in the seven sub-divisions of § 87 of the revenue law of 1868. They also objected to any defense to their suit, unless the defendant would comply with the provisions of § 93 of the same law. The court decided that these enactments were unconstitutional,
*708The legislature has authority to enact rules of evidence, subject to the fundamental or constitutional law. The constitution of…
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