Gamble v. Andrews
Supreme Court of Alabama
Bill by M. A. Gamble and others as executors of the estate of F. A. Gamble, against J. F. Andrews, to clear up title to land. Decree for respondent and complainant appeals.
Read the full summary
Bill by M. A. Gamble and others as executors of the estate of F. A. Gamble, against J. F. Andrews, to clear up title to land. Decree for respondent and complainant appeals. A fundamental condition to the validity of a tax sale is that there should have been a substantial compliance with the law in all the proceedings of which the sale was the consummation.—Johnson v. Hooper, 107 Ala. 706; Smith v. Cox, 115 Ala. 103; Reddiclc v. Long, 124 Ala. 260; Hooper v. Bcmlchead, 171 Ala. 626. Under these authorities, and the agreed statement of fact it is insisted that there was no proper levy, no…
1Opinion of the CourtSayre, J.
Appellants, as executrix and executor of F. A. Cambie, deceased, filed this bill on the equity side of the circuit court of Walker to- clear up the title to lands which had belonged to their testator. At the hearing it appeared that testator had owned the lands, which lay in several separate parcels, and that in 1893 and 1894, while testator was yet alive, they had been sold for taxes assessed to “owner unknown/’ and had been bought in by the state, and that in 1903 the state auditor had sold to J. H. White, under whom defend*305ant claimed, by mesne conveyances. The validity of the proceedings…
2Cases cited10 opinions
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- Smith v. CoxSupreme Court of Alabama · 1896
- Doe ex dem. Trotter v. MoogSupreme Court of Alabama · 1907
- Scott & Sons v. Rawls & RawlsSupreme Court of Alabama · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cook v. MortonSupreme Court of Alabama · 1950
- Pollak v. MilamSupreme Court of Alabama · 1914
- Doe ex dem. Evers v. MatthewsSupreme Court of Alabama · 1915
- Grayson v. SchwabSupreme Court of Alabama · 1938
- Charles B. Teasley, Inc. v. DreyfusSupreme Court of Alabama · 1949
2 more not listed; retrieve them via the Exa API.