Legal Opinion

W. M. Sanders v. John Earp.

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 8 opinions

Tbis was a CONTROVERSY, submitted without action, and heard by his Honor, Judge James D. McToer, at Chambers, in Lillington, N. C., February 19, 1896, at the request and by the consent .of both parties to the controversy ; and from the judgment therein rendered by the judge the plaintiff appealed to the Supreme Court.

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Tbis was a CONTROVERSY, submitted without action, and heard by his Honor, Judge James D. McToer, at Chambers, in Lillington, N. C., February 19, 1896, at the request and by the consent .of both parties to the controversy ; and from the judgment therein rendered by the judge the plaintiff appealed to the Supreme Court. The submission of the controversy and the judgment rendered are as follows, to-wit: “ W. M. Sanders and John E. Earp, being parties to a question in difference, which might be the subject of a civil action, present a submission of the same to the court for its decision, as…

1Opinion of the Court

Montgomery, J.:

Before the Revenue Act of 1887 the laws put upon the purchasers of lauds at tax sales, who claimed by deed from the sheriff, the burden of proving the regularity of most of the proceedings under which the sales wer'emade, and especially that part of the proceedings which required of the sheriff to give notice of the intended sale to the person who held the legal title to the land. The act above referred to reversed the whole spirit of our laws in respect to the sale of land for taxes and made either a presumption of entire regularity in favor of the purchaser, or declared…

2Cases cited1 opinion

  1. State v. . HatchSupreme Court of North Carolina · 1895

3Cited by8 opinions

  1. Henderson County v. OsteenSupreme Court of North Carolina · 1977
  2. Williams v. Charles F. Dunn & Sons Co.Supreme Court of North Carolina · 1913
  3. Jones v. . SchullSupreme Court of North Carolina · 1910
  4. Craven County v. . ParkerSupreme Court of North Carolina · 1927
  5. Geer v. . BrownSupreme Court of North Carolina · 1900

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