Wooten v. . Sugg
Supreme Court of North Carolina
Civil actioN to restrain the defendant, who was Tax-collector of Greene county, for the collection of arrears of taxes for certain years, from selling land which plaintiff had bought on the foreclosure of a mortgage held by him, heard on exceptions to referee’s report before Bryan, J., at Spring Term of Greexe Superior Court.
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Civil actioN to restrain the defendant, who was Tax-collector of Greene county, for the collection of arrears of taxes for certain years, from selling land which plaintiff had bought on the foreclosure of a mortgage held by him, heard on exceptions to referee’s report before Bryan, J., at Spring Term of Greexe Superior Court. The facts proved by the referee (F. A. Woodard, Esq.) were substantially as follows : That on the 3d of April, 1883, William I. Wooten and wife executed to the plaintiff) Simeon Wooten, a mortgage upon one tract of land, situated in Greene county, to secure two notes of…
1Opinion of the Court
Bukavell, -J.:
What has been said in Moore v. Sugg, at this Term, disposes of the defendant’s first exception. In the view we take of the matter involved in this appeal that exception is not important here.
There was error in overruling his second exception. The tax which the defendant insists is a burden on the land now owned by the plaintiff was assessed against that property for the year 1884, while the mortgage under foreclosure of which he claims title was made to him in 1893. And while it was undoubtedly the duty of the mortgagor in possession to list the land for taxation and to pay to…
2Cited by5 opinions
- Exum v. . BakerSupreme Court of North Carolina · 1894
- Orange County v. . WilsonSupreme Court of North Carolina · 1932
- City of Wilmington v. CronlySupreme Court of North Carolina · 1898
- American Agricultural Chemical Co. v. BrockSupreme Court of North Carolina · 1930
- City of Charlotte v. Little-McMahan Properties, Inc.Court of Appeals of North Carolina · 1981