Legal Opinion

Rish v. Ivey

Supreme Court of Georgia

Decided April 27, 1886PublishedCited by 8 opinions

Tax. Comptroller General. Levy and Sale. Before Judge Clarke. Early Superior Court. April Term, 1885. Ivey brought ejectment against Rish for certain land in Early county. The plaintiff relied on a chain of title from the state. The defendant relied on a tax sale under afi.fa. issued by the comptroller general for tax on the property in dispute as wild land, whose owner was unknown.

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Tax. Comptroller General. Levy and Sale. Before Judge Clarke. Early Superior Court. April Term, 1885. Ivey brought ejectment against Rish for certain land in Early county. The plaintiff relied on a chain of title from the state. The defendant relied on a tax sale under afi.fa. issued by the comptroller general for tax on the property in dispute as wild land, whose owner was unknown. The fi.fa. was issued October, 1877, for taxes of 1874, and the sale was made on the first Tuesday in May, 1878. A sheet forming part of the “ Weekly Constitution,” published at Atlanta, dated March 30, 1875, and…

1Opinion of the Court

Blandford, Justice.

Ivey sued Rish in ejectment for a lot of land; Ivey showed title from the grantee of the state through several others to himself. Rish relied on a sheriff’s deed to the land under a wild land tax execution issued by the comptroller general and introduced a copy of a paper known as the Atlanta “ Weekly Constitution,” which showed that the comptroller had advertised the land as wild land not given in and returned for taxes once a week for four weeks. The court below held that, before the comptroller could issue execution against the land, it must have been advertised for…

2Cited by8 opinions

  1. Montford v. AllenSupreme Court of Georgia · 1900
  2. Nalley v. McManusSupreme Court of Georgia · 1911
  3. Carnes v. PittmanSupreme Court of Georgia · 1953
  4. Field v. JordanSupreme Court of Georgia · 1906
  5. Mayor and Council of Millen v. ClarkSupreme Court of Georgia · 1941

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