Bobo v. Edwards Realty Co.

SIMPSON, Justice.

The bill seeks to obtain the benefits of § 296, Title 51, Code 1940, sometimes referred to as a redemption. The question is whether or not the averment in the bill, that the redeeming-plaintiff is (when suit filed) the owner and in possession of the land, a sufficient allegation of possession to sustain the bill, when tested by demurrer.

Said § 296, in short, provides that when the suit (“for the recovery of real estate sold for the payment of taxes,” § 295) is against the taxpayer or any of his title successors named in the section, on motion of the defendant made at any time…