Knighton v. Curry
Supreme Court of Alabama
Appeal from Choctaw Chancery Court. Heard before Hon. A. W. Dillard. In February, 1869, one Joseph J. L. DuBrutz was appointed tax collector of Choctaw, and gave bond as such, with the appellees as his sureties thereon.
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Appeal from Choctaw Chancery Court. Heard before Hon. A. W. Dillard. In February, 1869, one Joseph J. L. DuBrutz was appointed tax collector of Choctaw, and gave bond as such, with the appellees as his sureties thereon. At the time of his appointment, DuBrutz owned certain real estate, which is described in the bill. .In November, 1870, DuBrutz sold and conveyed these lands to the appellants, who purchased with knowledge that he was tax collector, and have since been in possession. In 1872, suit was commenced by Reynolds, Auditor, for the use of the State, in the Circuit Court of Montgomery…
1Opinion of the CourtBrickell, C. J.
The Revised Code of 1867, § 495, declared the bond of a tax collector “ operates from its execution as a lien in favor of the State or county, on the property of such tax collector, for the amount of any judgment which may be rendered against him in his official capacity, for State or county taxes, and on the property of his securities from the date of his default.” The same provision was carried into the revenue law of 1868, which was of force when the appellees became sureties on the official bond of Joseph J. L. DuBrutz as tax collector for Choctaw county. Pamph. Acts 1868, p. 312, § 44.…
2Cases cited22 opinions
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