Abrogast Land Co. v. Philcox

The appeal here is from an order vacating a restraining order which had been entered without notice restraining the issuing of a tax deed on a bill of complaint challenging the validity of tax certificates in which it was not alleged that “the property was not subject to taxation, or that the taxes had been paid previous to sale, or that the property had been redeemed prior to the execution and delivery of deed based upon certificate issued for non-payment of taxes,” as required by Chapter 14572, Acts of Extra Session, 1929.

The granting of the restraining order without notice was in…