Legal Opinion

Ex parte Webb

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 6 opinions

This was a petition by Webb for mandamus, to be directed to tbe Hon. Geobge H. Csaig, presiding over tlie Circuit Court of Dallas, to compel him to strike a certain cause from tbe docket; a motion to that effect having been made before him and overruled.

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This was a petition by Webb for mandamus, to be directed to tbe Hon. Geobge H. Csaig, presiding over tlie Circuit Court of Dallas, to compel him to strike a certain cause from tbe docket; a motion to that effect having been made before him and overruled. Tbe facts shown by tbe petition are as follows: Webb purchased a certain lot of land in tbe city of Selma, at a city tax sale; paid tbe amount of bis bid and received a certificate of purchase, in accordance with the provisions of tbe charter of that city. Tbe premises, consisting of a brick store and lot on wbicb it was built, were then in…

1Opinion of the CourtBbickell, C. J.

Tbe purchaser of lands sold for taxes, has no other remedy at common law to recover possession, than an action of ejectment. — Blackwell on Tax Titles, 576; Cooley on Taxation, 371. Tbe charter of tbe city of Selma declares, that in tbe event of tbe failure or refusal of tbe person in possession, to surrender to a purchaser at a sale for tbe payment of city taxes, such person “shall be guilty of an unlawful detainer, and the purchaser may institute suit before any justice of tbe peace in tbe city of Selma, for tbe recovery of tbe possession of said premises, and damages for tbe detention…

2Cases cited6 opinions

  1. Dwine v. BrownSupreme Court of Alabama · 1860
  2. Falkner v. JonesSupreme Court of Alabama · 1847
  3. Gould v. MeyerSupreme Court of Alabama · 1860
  4. Thompson v. IvesSupreme Court of Alabama · 1847
  5. Avent v. ReadSupreme Court of Alabama · 1835

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3Cited by6 opinions

  1. Calhoun v. FletcherSupreme Court of Alabama · 1879
  2. Jordan v. SumnersSupreme Court of Alabama · 1930
  3. Warren v. JonesSupreme Court of Alabama · 1929
  4. Webb v. Carlisle, Jones & Co.Supreme Court of Alabama · 1880
  5. Williams v. PratherSupreme Court of Alabama · 1938

1 more not listed; retrieve them via the Exa API.

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