State v. West Branch Lumber Co.

DISSENTING OPINION.

I do not concur in the decision, and there is much of the opinion in which I do not concur. The opinion underrates and discredits and casts doubt over much law of good standing long-prevalent constituting rules of real property.

Can the State maintain a bill under Code 1899, chapter 105, to sell land as forfeited for omission in the former owner’s name from the tax books after a sale for taxes to an individual, whose deed is void for defects in the sale, when the tax-purchaser has paid taxes in his own name for the same years in which it was omitted in the former owner’s…