Bertha v. Smith

This was an ejectment bill filed by appellant against appellee in the Chancery Court of Morgan County to recover certain lands described in the bill.

The case below was determined on an affirmative answer to the following question:

“Is a sale of land to the State, for delinquent taxes, such an outstanding title as will defeat the complainant, when he sues in ejectment?”

The original suit in this matter was brought in February, 1925, and remained on the docket until May, 1930, when a nonsuit was taken. Within a year from the entry of this -non-suit the present action was begun. A jury was…