Carroll v. Brown
Supreme Court of Virginia
In September, 1874, John W. Carroll filed his bill in the circuit court of Patrick county, against Nicholas Brown, to set aside a deed by which the clerk of the county court of Patrick conveyed to Brown one hundred and fifty acres of land sold for delinquent taxes. Brown demurred to the bill and also to an amended bill, and the court sustained the demurrer. And thereupon Carroll applied to a judge of this court for an appeal; which was allowed.
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In September, 1874, John W. Carroll filed his bill in the circuit court of Patrick county, against Nicholas Brown, to set aside a deed by which the clerk of the county court of Patrick conveyed to Brown one hundred and fifty acres of land sold for delinquent taxes. Brown demurred to the bill and also to an amended bill, and the court sustained the demurrer. And thereupon Carroll applied to a judge of this court for an appeal; which was allowed. The case is stated by Judge Burks in his opinion.
1Opinion of the CourtBurks, J.
The appellant filed his bill in the circuit court of Patrick county against the appellee to set aside a deed made by the clerk of the county court of said county, conveying to the appellee land claimed by him as a *792purchaser at a sheriff’s sale of land, returned delinquent for non-payment of taxes. .The defendant filed a demurrer and answer to the bill. Upon argument the demurrer was sustained, and the defendant, on liberty granted for the purpose, filed an amended bill referring to and making the original bill a part thereof, to which the defendant also demurred without answering; By decree…
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