Warden v. Board of Supervisors

jjy flie Court,

Dixon, C. J.

This is a proceeding in equity to restrain the execution of a deed of lands sold for taxes, to have the sale declared void and the certificate cancelled. The defendants made no answer, and upon the hearing in the court below the complaint was dismissed, and judgment perfected against the plaintiffs for costs. The cause comes here by appeal from that judgment. We are of opinion that the action was properly dismissed, though not for the reasons assigned by the circuit judge. Without inquiring into the correctness of the positions taken by the plaintiff’s counsel, but…