Riddle v. Messer
Supreme Court of Alabama
. Appeal from Clay Circuit Court. Tried before Hon. L. F. Box. The plaintiff, Messer, brought an action of ejectment, under tbe statute, against appellant Biddle, for land purchased by said Messer at a tax sale. Under § 3047 of Code of 187 6, the original records from the office of the probate judge were brought into court. The questions presented to this court appear in the opinion.
Read the full summary
. Appeal from Clay Circuit Court. Tried before Hon. L. F. Box. The plaintiff, Messer, brought an action of ejectment, under tbe statute, against appellant Biddle, for land purchased by said Messer at a tax sale. Under § 3047 of Code of 187 6, the original records from the office of the probate judge were brought into court. The questions presented to this court appear in the opinion. The abbreviations used in describing the lands in the entries and proceedings, and referred to in division No. 5 of the opinion, were as follows: W. 2 of S. E. 4 and N. E. 4 of S. W. 4, W. 2 of N. W. 4 of Sec.…
1Opinion of the CourtSomeryille, J.
If the proceedings, under which the plaintiff ’s tax title was acquired, were regular, and in conformity to the statute regulating the sale of lands for payment of delinquent taxes, in force when the sale was made, he was plainly entitled to recover in the present action, which is one of ejectment.
The chief contention upon the trial related to the admission in evidence of the docket or book of the tax-collector, which he is required by law to deliver into the office of the probate judge, properly verified by his affidavit in the mode required by section 12 of the Act of February 12, 1879, the…
2Cases cited9 opinions
- Moss v. ShearCalifornia Supreme Court · 1864
- Driggers v. CassadySupreme Court of Alabama · 1882
- Lyon v. HuntSupreme Court of Alabama · 1847
- Carlisle v. WattsSupreme Court of Alabama · 1885
- Martin v. KingSupreme Court of Alabama · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ex Parte GriffithSupreme Court of Alabama · 1920
- Howze v. DewSupreme Court of Alabama · 1890
- Jackson v. KirkseySupreme Court of Alabama · 1895
- Cary v. HolmesSupreme Court of Alabama · 1895
- Ex Parte GriffithSupreme Court of Alabama · 1920