Pollak v. Milam
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speaks. Ejectment by Ignatius Poliak against W. K. Milam. Judgment for defendant, and plaintiff appeals.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speaks. Ejectment by Ignatius Poliak against W. K. Milam. Judgment for defendant, and plaintiff appeals. Plaintiff claims under a deed received at a tax sale on May 30, 1906, deed of date June 16, 1908, and the suit begun on February 10, 1913. Plaintiff offered the deed and proceedings of the probate court, evidence tending to show that the property was taxable, but offered no proof that he had ever been in the prior, actual possession of the land sued for. This being all the evidence for plaintiff, the court gave the affirmative…
1Opinion of the Court
de GRAFFENRIED, J.
The decision of this case can be rested upon certain well-defined principles which have already been declared, in many decisions, by this court.(1) “In the sale of lands for taxes, great strictness is required, and every provision of the statute must be punctiliously pursued.” — Dane v. Glennon, 72 Ala. 163.(2) “The burden is on the party claiming under a tax sale to show that all the substantial requirements of the law have been complied with.” — Oliver v. Robinson, 58 Ala. 46; Smith v. Cox, 115 Ala. 503, 22 South. 78; Roman, Trustee, v. Lentz, 177 Ala. 64, 58 South.…
2Cases cited6 opinions
- Roman v. LentzSupreme Court of Alabama · 1912
- Oliver v. RobinsonSupreme Court of Alabama · 1877
- Lodge v. WilkersonSupreme Court of Alabama · 1911
- Smith v. CoxSupreme Court of Alabama · 1896
- Dane v. GlennonSupreme Court of Alabama · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Morris v. WaldropSupreme Court of Alabama · 1925
- Lathem v. LeeSupreme Court of Alabama · 1947
- Morris v. CardSupreme Court of Alabama · 1931
- Reuter v. Mobile Building & Construction Trades CouncilSupreme Court of Alabama · 1963
12 more not listed; retrieve them via the Exa API.