McGee v. Fleming
Supreme Court of Alabama
Appeal from tbe Circuit Court of Coffee. Tried before tbe Hob. J. M. Carmichael. This action was brought by D. H. McGee, against Jesse Fleming, to recover the possession of a tract of land containing 320 acres; and was commenced on tbe 13th February, 1886. Tbe cause was tried on issue joined on tbe plea of not guilty.
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Appeal from tbe Circuit Court of Coffee. Tried before tbe Hob. J. M. Carmichael. This action was brought by D. H. McGee, against Jesse Fleming, to recover the possession of a tract of land containing 320 acres; and was commenced on tbe 13th February, 1886. Tbe cause was tried on issue joined on tbe plea of not guilty. Tbe land was sold for delinquent taxes, on tbe loth May, 1882, and was bought in by tbe State; and it was redeemed by the plaintiff, as shown by the auditor’s certificate of transfer to liim, on tbe 12th July, 1884. On the trial, as tbe bill of exceptions shows, tbe plaintiff…
1Opinion of the CourtClopton, J.
— Service of notice, and return thereof, as required by the statute, are essential to the jurisdiction of the court to decree a sale of land for the payment of taxes, and should appear of record. Whilst it may be that the recital of the decree of sale is prima facie- evidence of proper and sufficient notice, when the notice served has been lost or mislaid, it would be competent to introduce the original notice, if in existence, to show its character, to whom issued, and upon whom and how served. The original notice having been destroyed without being'recorded, it was competent to prove by the…
2Cases cited1 opinion
- Carlisle v. WattsSupreme Court of Alabama · 1885
3Cited by6 opinions
- Ex Parte GriffithSupreme Court of Alabama · 1920
- Hester v. First Nat. Bank of RussellvilleSupreme Court of Alabama · 1939
- Moore v. Government of the District of ColumbiaDistrict of Columbia Court of Appeals · 1975
- Gilliland v. ArmstrongSupreme Court of Alabama · 1916
- Riddle v. MesserSupreme Court of Alabama · 1887
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