Doe ex dem. Davis v. Minge
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. H. T. Toulmin. This action was brought by Justina Davis, against William H. Minge, to recover a city lot in Mobile; and was commenced on the 3d June, 1874. The cause was tried on issue joined on the plea of not guilty.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. H. T. Toulmin. This action was brought by Justina Davis, against William H. Minge, to recover a city lot in Mobile; and was commenced on the 3d June, 1874. The cause was tried on issue joined on the plea of not guilty. The plaintiff’s title was founded on a purchase by him at a sale for taxes, made by the tax collector of said county on the first Monday in August, 1871; and he offered in evidence on the trial, as the bill of exceptions shows, the certificate of purchase given to him by the tax collector, and a deed executed to him…
1Opinion of the CourtBriokell, C. J.
The 87th section of the revenue law of 1868 declares, that the deed of the probate judge, conveying land sold for taxes, “ shall be prima facie evidence in all the courts of this State, in all controversies and suits in relation to the rights of the purchaser, his heirs, or assigns, to the land thereby conveyed, of the following facts: 1st, that the real property conveyed was subject to taxation for the year or years stated in the deed; 2d, that the taxes were not paid at any time before the sale; 3d, that the real property conveyed had not been redeemed from the sale at the time of the deed;…
2Cases cited4 opinions
- Pillow v. RobertsSupreme Court of the United States · 1852
- Mobile & Ohio Railroad v. StateSupreme Court of Alabama · 1857
- Stoudenmire v. BrownSupreme Court of Alabama · 1872
- Scales v. AlvisSupreme Court of Alabama · 1847
3Cited by14 opinions
- State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Calhoun v. FletcherSupreme Court of Alabama · 1879
- Wartensleben v. HaithcockSupreme Court of Alabama · 1886
- King v. CampbellSupreme Court of Alabama · 2007
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