Jones v. Foley

— The complaint of the appellee is in the ordinary form employed in actions for the possession of real estate, and it does not state that the title claimed is founded on a tax deed. The trial court adjudged that the appellee did not have title, but decreed that he did have a lien for taxes paid by him, together with the statutory penalty and interest.

The appellant’s counsel argue that the appellee was not entitled to have a lien declared, as his complaint does not show that he claims through a tax sale, and that, having failed to make out a case for possession, he can not recover upon the…