Haden v. City of Atlanta

1. As a general rule, no property can be sold under a tax execution in personam as the property of the defendant therein, when the defendant has neither title nor possession nor any right to represent the person who has it; and a sale under these circumstances would be void as to the true owner. Nelson v. Brown, 174 Ga. 150 (2) (162 S. B. 276); McLeod v. Brooks Lumber Co., 98 Ga. 253 (2) (26 S. E. 745) ; Burns v. Lewis, 86 Ga. 591 (5) (13 S. E. 123) ; Civil Code (1910), § 1018.

2. Where a municipal corporation, after causing an illegal and void sale as indicated in the preceding note,…