Milner & Co. v. Clarke
Supreme Court of Alabama
Appeal from Montgomery Circuit Couft. Tried before Hon. James Q. Smith. This was a statutory real action brought by the appellants, Milner & Co., against the appellee, H. W. Clarke, to recover a certain lot in the city of Montgomery.
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Appeal from Montgomery Circuit Couft. Tried before Hon. James Q. Smith. This was a statutory real action brought by the appellants, Milner & Co., against the appellee, H. W. Clarke, to recover a certain lot in the city of Montgomery. The appellants deduced title by regular conveyances from Charles T. Pollard, whose title was not disputed, and the appellee defended on tax deeds to the premises made under sale for the taxes of 1870 and 1871. The lands in controversy were shown to be situated in beat four of Montgomery county. They were assessed in each year to W. J. Bean, but they were…
1Opinion of the CourtBeickell, C. J.
There are numerous errors assigned on the rulings of the Circuit Court in the admission of evidence against the objection of the appellants, we do not deem it of importance to consider. The real controversy is as to the validity of the sales of the premises in dispute, for the payment of taxes, under which the appellee deduces title. If these sales are invalid, it can not be denied that the appellants have the legal title to the premises, and were entitled to recover. The validity of the sales have been controverted on several grounds, to one of which we confine our attention. The assessment…
2Cases cited5 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Lyon v. HuntSupreme Court of Alabama · 1847
- Scales v. AlvisSupreme Court of Alabama · 1847
- Elliot v. Doe Ex Dem. EddinsSupreme Court of Alabama · 1854
- Parker v. Doe ex dem. BurgenSupreme Court of Alabama · 1852
3Cited by1 opinion
- Dane v. GlennonSupreme Court of Alabama · 1882