Costley v. Allen
Supreme Court of Alabama
Appeal from the Chancery Court of Chambers. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 17th August, 1874, by David G. Allen, against Warrenton Costley and George P. Walker, to enjoin a judgment at law which the said Costley had obtained in the Circuit Court of said county, on the 17th April, 1874, against the said George P. Walker, and an execution issued on it against said David G. Allen as Walker’s surety on the replevy bond given in tbat…
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Appeal from the Chancery Court of Chambers. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 17th August, 1874, by David G. Allen, against Warrenton Costley and George P. Walker, to enjoin a judgment at law which the said Costley had obtained in the Circuit Court of said county, on the 17th April, 1874, against the said George P. Walker, and an execution issued on it against said David G. Allen as Walker’s surety on the replevy bond given in tbat case. Said Walker was in possession of lands during the year 1873, as tbe tenant of J. B. Mitcbell and M. 0. Mitcbell, to…
1Opinion of the CourtManning, J.
It was decided in Hibbard v. Brown (51 Ala. 469), that the tax collector’s certificate to the purchaser of lands sold for unpaid taxes, given under the 72d section of the revenue act of 1868, does not convey such title as will enable the purchaser to maintain ejectment, within two years after the sale, against the owner remaining in possession. Judge Cooley, in his work on Taxation (p. 352-3), says of such a certificate : “No title passes, until the time allowed for redemption, if any, has expired; nor until the proper conveyance has been executed.” This conveyance, under the revenue act of…
2Cases cited2 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Hibbard v. BrownSupreme Court of Alabama · 1874
3Cited by3 opinions
- Abates v. TimbesSupreme Court of Alabama · 1926
- Columbia County v. MassieOregon Supreme Court · 1897
- Gabel v. Williams, New York County Courts1904