Fishel v. Mercier

The opinion of the Court was delivered by

Todd, J.

The plaintiff purchased at tax-sale, certain real property ■of the defendant, situated in the city of New Orleans. After his pur*357chase and the confirmation of his title by the State Auditor, he instituted a suit in the U. S. Circuit Court for the possession of the property.

The result was that the tax-sale was decreed a nullity, and he failed to get the property.

Thereupon he instituted the present action to recover the taxes,, penalties, costs, etc., lie had paid out as the price of the property at this illegal sale.

The answer of the defendant,…