Metcalf v. Davies Screw Co.
U.S. Circuit Court for the District of Southern Ohio
The real and personal property of the Davies Screw Company, at Dayton, Ohio, having been sold, under mortgage and judgment liens, and the fund being insufficient to pay the liens, two claims in respect to taxes were interposed, each claiming priority over the •creditors. One was by Samuel Bigger, purchaser of the real property at tax sale.
Read the full summary
The real and personal property of the Davies Screw Company, at Dayton, Ohio, having been sold, under mortgage and judgment liens, and the fund being insufficient to pay the liens, two claims in respect to taxes were interposed, each claiming priority over the •creditors. One was by Samuel Bigger, purchaser of the real property at tax sale. This was contested on the ground that the auditor's certificate was void for want of certainty; the description of the property being “six acres of land, east of Troy Road, sections 4 and 34, township 1, range 7, in said county.” The other claim was by the…
1Opinion of the Court
SWING, District Judge.
Two questions are presented for decision. The first grows out of the claim of Samuel-Bigger, purchaser at tax sale. Under this sale the purchaser claims a lien for the amount of the taxes paid, and fifty per cent, penalty, and six per cent, interest thereon. To this claim it is objected that the tax sale was void by reason of the imperfect description of the land sold. Was this sale void? We think this is not an open question. In Raymond v. Longworth [Case No. 11,595], in which the description was as in this case, it was . held insufficient, and the sale was declared…
2Cases cited1 opinion
- Johnson v. StewartOhio Supreme Court · 1876