Smith v. Jefferson County

Head, Justice.

(After stating the foregoing facts.) “Where land is sold under an execution based upon a void judgment, no title passes. But the purchaser at such sale holding the sheriff’s deed has color of title; and if in good faith he enters into possession and holds the land adversely for seven years, he has a good title by prescription.” Rogers v. Smith, 146 Ga. 373 (91 S. E. 414). The same rule applies to a tax sale by a sheriff. In the present case the tax collector testified that the records in his office showed that an execution for the year 1927 issued against M. B. Smith, and that…