Kerner v. Boston Cottage Co.
Supreme Court of North Carolina
BRANCH of same case, Kerner v. Cottage Co., reported in 123 N. C., 294, tried before Shmo, J., at November Term, 1899, of Forsyth Superior Court. The laud bad been sold by a receiver'heretofore appointed in the cause, but the purchaser declined to pay his bid, because of an outstanding tax title in one William Palmer.
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BRANCH of same case, Kerner v. Cottage Co., reported in 123 N. C., 294, tried before Shmo, J., at November Term, 1899, of Forsyth Superior Court. The laud bad been sold by a receiver'heretofore appointed in the cause, but the purchaser declined to pay his bid, because of an outstanding tax title in one William Palmer. It turns out that Palmer wa,s not an original purchaser at the tax sale; that the land was bid in for the county, and that Palmer became assignee of the certificate, and obtained the sheriff’s deed. Ilis Honor provided in the judgment, that the amount paid by Palmer, as taxes,…
1Opinion of the CourtMontgomery, J.
Sorno time in 1894 an action was commenced by Kenier, administrator, against the defendants and others, for the recovery of a del)t against the defendants, for the appointment of a receiver, and for a sale of the lands of the defendant to pay its debts. The receiver sold the lands to A. IT. .Eller, who declined to pay for the same, alleging that William Palmer was claiming the lands under a tax title.
Upon motion in the canse an action was docketed and complaint and answer tiled, the object of which was to have the cloud produced by Palmer’s tax deed removed from the title. An issue was…
2Cases cited2 opinions
- Wilcox v. . LeachSupreme Court of North Carolina · 1898
- Kerner v. Boston Cottage Co.Supreme Court of North Carolina · 1898
3Cited by2 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- McNair v. . BoydSupreme Court of North Carolina · 1913