Wake County v. . Faison

The parties to the controversy have agreed upon the facts. The question for decision: Was the deed good and sufficient to convey the real estate in fee simple, free from the claim of any person whomsoever? We think not. The record discloses “that the title to the land sold was in one H. H. Powell.” The fact that he has not listed the property for tax does not give the right to list the land as “Mrs. O. J. Shell estate” and sell same and foreclose the tax certificate and make a fee-simple title to the land, as was attempted to be done in this action.

N. C. Code, 1931 (Michie), 7971(36), in…