Baker v. Schuessler
Supreme Court of Alabama
Appeal from the Chancery Court of Chilton. Heard before the Hon. S. K. MoSpadden. The bill in this case was filed on the 1st January, 1883, by Moses Simmons, against James A. Dudley, late tax-collector of said county, the sureties on his official bond, and several persons who had bought property from him; and sought to subject the property of said Dudley, and the property of the sureties so far as necessary, to the payment of a judgment which the county had recovered against…
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Appeal from the Chancery Court of Chilton. Heard before the Hon. S. K. MoSpadden. The bill in this case was filed on the 1st January, 1883, by Moses Simmons, against James A. Dudley, late tax-collector of said county, the sureties on his official bond, and several persons who had bought property from him; and sought to subject the property of said Dudley, and the property of the sureties so far as necessary, to the payment of a judgment which the county had recovered against them for an official default on his part, and which the complainant, one of the sureties on the bond, had paid, taking…
1Opinion of the CourtOlopton, J.
The decisive question iir tbis case is, whether the lien declared by the statute, for the amount of any judgment which may be rendered against the tax-collector in his official capacity, for the State or county taxes, attaches to property acquired by the collector after the execution of the bond, and sold by him before the rendition of judgment. The statute declares: “The bond of the tax-collector shall operate, from its execution, as a lien in favor of the State and county, on the property of such collector, for the amount of any judgment which may be rendered' against him in his official…
2Cases cited4 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Knighton v. CurrySupreme Court of Alabama · 1878
- County of Dallas v. TimberlakeSupreme Court of Alabama · 1875
- Lott v. Mobile CountySupreme Court of Alabama · 1885
3Cited by1 opinion
- Cummings v. MaySupreme Court of Alabama · 1895