Legal Opinion

Johnson v. Harper

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 18 opinions

Appeal from the Circuit Court of Coffee. Tried before the Hon. J. M. Carmichael. This was a statutory action of ejectment brought by the appellee, S. B. Harper,, against the appellant N. A. Johnson, to recover certain specifically described lands. The plaintiff based his title to the lands sued for, and his right to recovery in the suit, upon a tax deed made to him as the purchaser of the lands described in the complaint at a sale for State and county taxes.

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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 by the appellee, S. B. Harper,, against the appellant N. A. Johnson, to recover certain specifically described lands. The plaintiff based his title to the lands sued for, and his right to recovery in the suit, upon a tax deed made to him as the purchaser of the lands described in the complaint at a sale for State and county taxes. The defendant objected to the introduction of the tax deed conveying the said lands to the plaintiff, on the ground that there was no…

1Opinion of the CourtHeal, J.

This is an action of ejectment brought by the appellee against the appellant, basing his right to recover on a tax deed, made to him, as the purchaser of the land, at a sale for State and county taxes. The defendant in the court below objected to the introduction of the deed, because there was no evidence that the lands described in the deed were advertised for sale by the tax collector before he sold the same. There is no recital in the deed to the effect that such advertisement was made, nor was there any independent proof thereof. While it may not have been erroneous to allow the deed to…

2Cases cited5 opinions

  1. Ware v. BradfordSupreme Court of Alabama · 1841
  2. Oliver v. RobinsonSupreme Court of Alabama · 1877
  3. Dane v. GlennonSupreme Court of Alabama · 1882
  4. Clarke v. RowanSupreme Court of Alabama · 1875
  5. Feagin, Kendall & Co. v. JonesSupreme Court of Alabama · 1891

3Cited by18 opinions

  1. Gunter v. TownsendSupreme Court of Alabama · 1918
  2. Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
  3. Greil Bros. v. City of MontgomerySupreme Court of Alabama · 1913
  4. Reddick v. LongSupreme Court of Alabama · 1899
  5. Georgia Loan & Trust Co. v. Washington Realty Co.Supreme Court of Alabama · 1921

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