Stowe v. Birmingham Trust & Savings Co.

1. The levy of a municipal tax execution for $53.55 upon a described tract of land in a city, which was composed of two adjoining lots, one of which was of the value of $450 and the other of the value of $950, and either of which could have been sold separately, was excessive and void, and in consequence thereof a sale of such tract under such levy was void. Stark v. Cummings, 127 Ga. 107 (56 S. E. 130); Williams v. Forman, 158 Ga. 89 (123 S. E. 20); Planters Bank v. Georgia Loan & Trust Co., 160 Ga. 107 (127 S. E. 413).

2. It follows that, in a claim case in which the claimant asserts title…