Carreker v. Green & Milam Inc.

■ Jenkins, Justice.

It is the general rule that “injunction will lie, at the instance of any taxpayer who has not estopped himself, to enjoin a sale of Kis property to collect an unauthorized tax.” Fulton Trading Co. v. Baggett, 161 Ga. 669 (2), 671 (131 S. E. 358); Vincent v. Poole, 181 Ga. 718, 720 (184 S. E. 269), and cit. This is true for the reason that, unless authorized by statute, “an affidavit of illegality [is not] a proper remedy to contest the illegality of an execution in the nature of a tax execution.” Goolsby v. Board of Drainage Comrs., 156 Ga. 213 (6, b) (119 S. E. 644).…