Shepherd v. Cox

ON SUGGESTION OF ERROR.

The vital point in this case is whether appellant's deed from the commissioner dated November 21, 1890, is available to him as color of title as against the tax deed to Hervey dated March 3, 1890. We are of the opinion that that question should be answered in the affirmative.

When considering color of title the question is not whether the instrument relied on as color operates to convey, and to continue to convey, any actual title but whether it appears to do so; and when on the face of the instrument it purports to convey title to the land therein described, it will…