Pugh v. Youngblood
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried berore lion. John P. Hubbard. This was a statutory real action in the nature of ejectment brought by B. F. Pugh and others, the appellants, against David Youngblood, M. T. Youngblood and J. E. H. Rushing, the appellees, and was commenced on the 5th day of May, 1881. The appellees, defendants in the lower court, pleaded, in short by consent, the general issue, and “ the statute of limitations of five years under a tax title,” and the…
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Appeal from Pike Circuit Court. Tried berore lion. John P. Hubbard. This was a statutory real action in the nature of ejectment brought by B. F. Pugh and others, the appellants, against David Youngblood, M. T. Youngblood and J. E. H. Rushing, the appellees, and was commenced on the 5th day of May, 1881. The appellees, defendants in the lower court, pleaded, in short by consent, the general issue, and “ the statute of limitations of five years under a tax title,” and the cause was tried on issue joined on these pleas. On the trial, as shown by the bill of exceptions, the appellants, plaintiffs…
1Opinion of the CourtBrickell, C. J.
The undisputed facts in the case are, that the lands in controversy were sold for the payment of' taxes, one of the defendants becoming the purchaser, receiving from the tax collector a certificate of thepurcháse. The period for redemption having expired, a deed was executed to the purchaser, under which he and those claiming under him had been in the open possession of the lands, claiming them for more than five years before the commencement of this suit. The statute prohibits the institution of an action for the recovery of lands sold for the non-payment of taxes, after the expiration of…
2Cases cited3 opinions
- Pillow v. RobertsSupreme Court of the United States · 1852
- Edgerton v. BirdWisconsin Supreme Court · 1858
- Dillingham v. BrownSupreme Court of Alabama · 1862
3Cited by28 opinions
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- Carey v. CagneySupreme Court of Louisiana · 1902
- Odom v. AverettSupreme Court of Alabama · 1946
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
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