Crebs v. Fowler
Supreme Court of Alabama
Bill' to Quiet Title. Appeal from Mobile Chancery Court. Heard before Hón. Thomas IT. Smith. This was a bill to remove cloud from title filed by ap-pellee against appellant.
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Bill' to Quiet Title. Appeal from Mobile Chancery Court. Heard before Hón. Thomas IT. Smith. This was a bill to remove cloud from title filed by ap-pellee against appellant. Defendant answered in tbe nature of a cross-bill alleging that lie claimed a right, title and interest in the property described in the bill, under and by virtue of a tax sale of the said property, after proper steps leading up to the sale had been taken for the state and county taxes for the year 1895, a pinchase by the state at said sale, and a purchase by respondent of the property from the state. It was agreed that…
1Opinion of the CourtAnderson, J.
— The complainant, Gaunt Creb-s, Avas not an assignee of the lien of the state under section 4102, Code 1896. as said section treats a purchaser from the state as “the assignee of all taxes due upon the land, penalties,” etc., only upon the condition of a complance Avith the two preceding sections. Section 4100 does not authorize a sale for a sum less in amount than Avould be necessary to redeem under section 4091. As the sum paid for the land ivas less than is authorized by the statute, the sale to the respondent was void, and he had no valid assignment of the state’s lien.
It is contended by…
2Cited by6 opinions
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- Drennen v. WhiteSupreme Court of Alabama · 1915
- Grayson v. SchwabSupreme Court of Alabama · 1938
- Harton v. EnslenSupreme Court of Alabama · 1913
- Edwards v. HoseySupreme Court of Alabama · 1948
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