Brophy v. Taylor

This was a bill filed by appellee to set aside certificates of sale of certain lots sold by the county treasurer on a delinquent assessment warrant. The decree set them aside without terms, and gave appellee costs. The appellant was not applied to before suit to surrender the certificates upon any terms, and no costs should be taxed against him. To charge him with the expenses of the suit he should have been asked before the suit to do what, by suit, might be required of him.

On the hearing the appellant did refuse to accept the money he was entitled to and surrender his certificates, but this…