Bertha v. Smith

The chancellor dismissed this ejectment suit when it was- made to appear that (1) the complainant had acquired his “title” or “claim” to the land sued for since the passage of chapter 43 of the Acts of 1919; and that (2) at the time of the bringing of the suit there were unpaid taxes assessed against these lands.

The decree below is challenged on the ground (1) that the title or claim of complainant was acquired prior to the passage of this act; and (2) that the act is arbitrary class legislation within the prohibition of our Constitution, article 1, section 8, and article 11, section 8.

The…