Cary v. Holmes
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Wm. S. Anderson. This vyas a statutory action of ejectment, brought by Mary Cary against Henry Holmes. Upon the exclusion, as stated in the opinion, of the tax deed offered in evidence by the plaintiff, she took a non-suit, with bill of exceptions, &c., and appeals from the judgment.
1Opinion of the CourtHead, J.
The only question presented for decision in this case is whether the failure of the tax collector to append the statutory oath to the book or docket required to be delivered to the probate judge, by section 84 of the act of February 17th, 1885 (Code of 1886, § 567), invalidates a tax sale, where the real estate in question was assessed to “owner unknown.” If the assessment had been made against a known person, there can be no doubt the affidavit would be jurisdictional, as we have several times decided.— Wartensleben v. Haithcock, 80 Ala. 565; Fleming v. McGee, 81 Ala. 409; Riddle v. Messer,…
2Cases cited4 opinions
- Wartensleben v. HaithcockSupreme Court of Alabama · 1886
- Feagin, Kendall & Co. v. JonesSupreme Court of Alabama · 1891
- Fleming v. McGeeSupreme Court of Alabama · 1886
- Riddle v. MesserSupreme Court of Alabama · 1887
3Cited by1 opinion
- Gamble v. AndrewsSupreme Court of Alabama · 1914