Barnes v. Carter

This was an application for an injunction to restrain the defendants from cutting timber from land which the plaintiffs claimed to own. The plaintiffs claimed to derive title through a tax deed founded upon an execution for State and county taxes, and the judge held that the deed was void and refused the injunction. The only question to be determined in this case is whether this ruling of the judge was erroneous. The lots in controversy were wild lands, and on May 1, 1898, the tax-collector had issued executions for taxes against the “lots as wild and unreturned lands.” The lots were sold by…