Flowers v. Jernigan
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the Hon. J. M. Carmichael. This was a statutory action of ejectment, brought originally by the appellee, H. R. Jernigan, against the appellant, Luke Flowers, to recover the possession of certain lands specifically described in the complaint. The appellant,..A. J. Arnold, was, on his own motion, made a party defendant as the landlord of Luke Flowers.
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Appeal from the Circuit Court of Coffee. Tried before the Hon. J. M. Carmichael. This was a statutory action of ejectment, brought originally by the appellee, H. R. Jernigan, against the appellant, Luke Flowers, to recover the possession of certain lands specifically described in the complaint. The appellant,..A. J. Arnold, was, on his own motion, made a party defendant as the landlord of Luke Flowers. The plaintiff, to establish title to the land sxxed for, relied upon a tax sale of the land to one George P. Roberts, a transfer of the certificate of the tax collector, a quit-claim deed from…
1Opinion of the CourtHead, J.
We are constrained to hold that the tax deed of the judge of probate to D. W. Jernigan, dated March 31, 1884, purporting to have been executed in pursuance of a sale of the land by the tax collector on the first Monday in April, 1876, for the payment of taxes for the year 1875, was improperly admitted in evidence. The deed, as we have said, bears date of execution March 31, 1884 ; it was recorded the same day ; but, it was not acknowledged at all until August 17, 1885, and was not thereafter recorded. Its legal effect, as a conveyance, is governed by section 460 of the Code of 1876, then in…
2Cases cited3 opinions
- Doe ex dem. Hughes v. AndersonSupreme Court of Alabama · 1885
- Bolling v. SmithSupreme Court of Alabama · 1885
- Jackson v. KirkseySupreme Court of Alabama · 1895
3Cited by3 opinions
- Holloway v. Henderson Lumber Co.Supreme Court of Alabama · 1915
- Holloway v. Henderson Lumber Co.Alabama Court of Appeals · 1919
- Adams v. PearceSupreme Court of Alabama · 1928