Chesnutt v. Morris

The case of Morris v. Card, post, p. 254, 135 So. 340, rules this case.

In dismissing the bill, the trial court, no doubt, had in mind the question of a scrambling possession. This was before the decision in Bell v. Propst, 220 Ala. 641, 127 So. 212. When the fence was built by the vendee, alleged to have been erected by the original owner, his possession as vendee authorized him to file a bill to redeem. Section 3108, Code. That is, so long as the tax purchaser does not have the actual possession, of the property, though he has the right by valid tax deed, the true and original owner or his…