Timms v. Scott

SIMPSON, Justice.

The bill, in effect, invokes the general powers of equity to redeem real estate from a void municipal tax sale and to remove as. a cloud on complainant’s title the purchaser’s tax deed resulting from such sale.

Scott is the complainant and the respondents, who have appealed from the decree overruling thei'r demurrer to the bill, are the devisees under the will of Mrs. Margie F. McBurney, deceased, who purchased at the tax sale in 1937. The bill was filed in 1945.

The City of Opelika, in 1937, undertook to enforce its tax lien by a foreclosure sale in equity under the provisions…