Legal Opinion · Concurrence

Mosser v. Moore

West Virginia Supreme Court

Decided December 13, 1904Published

Appeal from Circuit Court, Tucker County. Till by J. K. Mosser and others against J. Ii. Moore and others. Decree for defendants, and plaintiffs appeal.

1Concurrence

Dent, Jtjdge,

(concurring):

I concur in the conclusion in this case, but not in point one-of the syllabus, nor the reasoning of Judge Brannon's opinion in relation thereto. Under chapter 31, Code, there are four classes of cases in which suits can be instituted to set aside tax deeds.

First. Under section 25, when the owner has been misled by some irregularity in the proceedings as to what portion of hisreal estate was sold, and when for what year or years it was-sold or as to the name of the purchaser thereof, provided he-would have redeemed the same had he not been so misled by such…

2Cases cited30 opinions

  1. Simpson v. EdmistonWest Virginia Supreme Court · 1884
  2. Vance Shoe Co. v. HaughtWest Virginia Supreme Court · 1895
  3. Pusey v. GardnerWest Virginia Supreme Court · 1883
  4. State v. SponaugleWest Virginia Supreme Court · 1898
  5. Burlew v. QuarrierWest Virginia Supreme Court · 1880

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