McDonald v. Wimpy

1. A constable has no authority to levy a tax fi. fa. where the principal amount exceeds $100, and a deed made pursuant to such a levy and sale is void.

2. Although void, such a deed is sufficient color of title upon which to base prescription; and since there was evidence which would have authorized the jury to find that the plaintiff had acquired a prescriptive title to the land in dispute, the trial court erred in directing a verdict for the defendant.

3. Under the facts disclosed by the record, the rules of law with reference to coterminous landowners, and prescription by constructive…