Schoenwetter v. Oxley

A tax for the year 1926 was levied upon bank stock belonging to H. C. Armstrong, who was the owner of a tract of land, in the same county. The land was subject to a mortgage. The personal property tax was not paid. It was not entered on delinquent personal tax list for the year 1926, or any subsequent year. The mortgage was foreclosed by decree entered November 28, 1927. The land was sold to plaintiff; at tax sale December 5, 1927, for the non-payment of this personal tax. In 1929 this suit in mandamus to compel refund of the amount paid at tax sale (also for subsequent real estate taxes…