Legal Opinion

City of Marlin v. Green

Court of Appeals of Texas

Decided February 3, 1904Published

Appeal from the District Court of Falls. Tried below before Hon. Sam. R. Scott. The city appeals from a judgment denying it certain relief sought in its suit against Green for foreclosure of its lien for taxes.

1Opinion

In the original opinion handed down in this case on February 3, 1904, we held, under the authority of City of San Antonio v. Berry, 92 Tex. 319, 48 S.W. Rep., 499, and Guerguin v. San Antonio, 50 S.W. Rep., 140, that the trial court erred in not granting a writ of possession to the purchaser of the property who might buy the same under the decree of foreclosure of the tax lien.

Since then our attention has been called to an act passed by the Twenty-sixth Legislature, which will be found on page 50 of the General Laws of 1899. It is there provided that a purchaser at such a foreclosure sale…

2Cases cited2 opinions

  1. City of San Antonio v. BerryTexas Supreme Court · 1898
  2. Guerguin v. City of San AntonioCourt of Appeals of Texas · 1898

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