Fields v. Altman
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by A. E. Fields against J. W. Altman and another, to recover for the illegal sale of property to him for taxes. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtMayfield, J.
The question in this case, upon which all others depend, is this: Is an officer who sells property for taxes, acting under a void statute, liable to a purchaser of the property sold at the tax sale? We are of the opinion that this question should be answered in the negative. The trial court so answered it, to which ruling we agree.
There are several valid reasons why the purchaser cannot recover in such case. One is that the rule of caveat emptor applies with all its vigor in such cases. Where two- persons are equally at fault, the law will leave them, as it finds them. The officer did not…
2Cases cited2 opinions
- McCormick v. EdwardsTexas Supreme Court · 1887
- Lisso & Bro. v. Police JurySupreme Court of Louisiana · 1910
3Cited by3 opinions
- Union Central Life Ins. v. State Ex Rel. WhetstoneSupreme Court of Alabama · 1933
- Flowers v. TillerySupreme Court of Alabama · 1961
- Schuessler v. ShelnuttSupreme Court of Alabama · 1936