Stoudenmire v. Brown
Supreme Court of Alabama
Appeal from Circuit Court of Coffee. Tried before the Hon. J. E. Cobb. This was a suit brought by Morgan G. Stoudenmire and others against John C. Brown, for a tract of land purchased by the plaintiffs at a sale made by the tax collector on the sixth of March, 1871. The plaintiffs introduced only one witness, who testified that he, as a partner of Stoudenmire and others, purchased the lands in question at a tax sale, with the partnership funds, but took the certificate of…
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Appeal from Circuit Court of Coffee. Tried before the Hon. J. E. Cobb. This was a suit brought by Morgan G. Stoudenmire and others against John C. Brown, for a tract of land purchased by the plaintiffs at a sale made by the tax collector on the sixth of March, 1871. The plaintiffs introduced only one witness, who testified that he, as a partner of Stoudenmire and others, purchased the lands in question at a tax sale, with the partnership funds, but took the certificate of purchase to himself individually; that he procured the deed to said lands to be made to plaintiffs. The plaintiffs then…
1Opinion of the CourtStone, J.
1. We fully concur in, and reaffirm what was determined when this case was before this court at a former term—48 Ala. 699—that so much of section 87 of the revenue law of 1868 as makes the tax-deed conclusive evidence of certain facts, is unconstitutional and void.
2. In Davis v. Minge, at the present term, we took a step further, and held that to the extent that section assumed to make the deed conclusive evidence, it was entirely inoperative, and failed, as to those points, to constitute it evidence for any purpose.
3. The effect of these rulings is to leave the tax-deed prima facie evidence…
2Cases cited1 opinion
- Rivers v. ThompsonSupreme Court of Alabama · 1869
3Cited by6 opinions
- Calhoun v. FletcherSupreme Court of Alabama · 1879
- Wartensleben v. HaithcockSupreme Court of Alabama · 1886
- Lassitter v. LeeSupreme Court of Alabama · 1880
- Chandler v. WynneSupreme Court of Alabama · 1887
- Hartwell v. State Ex Rel. WillisSupreme Court of Alabama · 1932
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