Legal Opinion

Scales v. Alvis

Supreme Court of Alabama

Decided June 15, 1847PublishedCited by 8 opinions

Writ of Error to the Circuit Court of Talladega. Trespass to try title by Scales against Alvis. At the trial, the plaintiff made title to the land in controversy, through a deed made by the collector of taxes of said county, under these circumstances, to wit: The land was patented to one Nicholas Scales, in August, 1837, and with other lands and personal property of said Nicholas was assessed for his taxes in 1842. During which year said Nicholas had in his possession…

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Writ of Error to the Circuit Court of Talladega. Trespass to try title by Scales against Alvis. At the trial, the plaintiff made title to the land in controversy, through a deed made by the collector of taxes of said county, under these circumstances, to wit: The land was patented to one Nicholas Scales, in August, 1837, and with other lands and personal property of said Nicholas was assessed for his taxes in 1842. During which year said Nicholas had in his possession sufficient personal property to pay the taxes thus assessed, but refused to pay them to the tax collector. In the latter part…

1Opinion of the CourtGoldthwaite, J.

1. The revision of the statutes prescribing the manner of selling lands upon which the taxes have not been paid, is greatly to be desired, inasmuch as the numerous alterations at different periods have so perplexed the system, that it is quite difficult to ascertain what course is proper, and the result is, that the purchaser, instead of securing the land, or even a safe investment for the money expended, finds himself involved in an expensive litigation, almost always productive of no other end than that of vexation to himself and to the land owner. It certainly deserves consideration from…

2Cases cited5 opinions

  1. William T. Galt and Others v. James Galloway, Jun. And OthersSupreme Court of the United States · 1830
  2. Lyon v. HuntSupreme Court of Alabama · 1847
  3. Blossom v. CannonMassachusetts Supreme Judicial Court · 1817
  4. Bush v. DavisonNew York Supreme Court · 1837
  5. Davis v. SimmsCourt of Appeals of Kentucky · 1816

3Cited by8 opinions

  1. Doe ex dem. Davis v. MingeSupreme Court of Alabama · 1876
  2. Clarke v. RowanSupreme Court of Alabama · 1875
  3. Daniel v. TaylorSupreme Court of Florida · 1894
  4. Thurston v. MillerSupreme Court of Rhode Island · 1872
  5. Elliot v. Doe Ex Dem. EddinsSupreme Court of Alabama · 1854

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