Matthews v. Fry.
Supreme Court of North Carolina
ActioN by John G. Matthews against A. M. Ery and another, heard by Judge Walter H. Neal and a jury, at the Eall Term, 1905, of the Superior Court of Swain. Plaintiff sued to recover a tract of land in the possession of defendant. He introduced a grant from the State and connected himself with it by mesne conveyances.
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ActioN by John G. Matthews against A. M. Ery and another, heard by Judge Walter H. Neal and a jury, at the Eall Term, 1905, of the Superior Court of Swain. Plaintiff sued to recover a tract of land in the possession of defendant. He introduced a grant from the State and connected himself with it by mesne conveyances. The defendant admitting that plaintiff was once seized of the land, claims that his title was divested by a tax sale and deed, under which he has acquired the title formerly belonging to the plaintiff. The land was not listed for taxes in 1898, and in 1899 the county…
1Opinion of the Court
Walker, J.,
after stating the ease: The case turns upon the construction of section 51 and sections 64 and 65 of chapter 169 of the Acts of 1891, the sale having been made and the deed of the sheriff to the defendant having been executed under the provisions of that act. It is required by- section 51 that before any real estate shall be sold for taxes, the sheriff shall personally serve notice of such sale on the delinquent taxpayer or his agent at least thirty days before such sale, if the defendant resides in the State. If he is a non-resident, the sheriff is required to notify him by mail…
2Cases cited4 opinions
- Exum v. . BakerSupreme Court of North Carolina · 1894
- King v. Cooper.Supreme Court of North Carolina · 1901
- Powell v. . SikesSupreme Court of North Carolina · 1896
- Hill v. . NicholsonSupreme Court of North Carolina · 1885
3Cited by22 opinions
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Matthews v. Fry.Supreme Court of North Carolina · 1906
- Warren v. . WillifordSupreme Court of North Carolina · 1908
- Rexford v. . PhillipsSupreme Court of North Carolina · 1912
- Price v. SlagleSupreme Court of North Carolina · 1925
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