Driggers v. Cassady
Supreme Court of Alabama
Appeal from Dale Circuit Court. Tried before Hon. TI. D. ClaytoN. This was a statutory real action in the nature of ejectment, brought by J. W. Cassady against LaFayette Driggers, and was commenced on lTt-Sh June, 1881. The cause was tried on issue joined on the plea of not guilty, the trial resulting in a verdict and judgment for the plaintiff.
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Appeal from Dale Circuit Court. Tried before Hon. TI. D. ClaytoN. This was a statutory real action in the nature of ejectment, brought by J. W. Cassady against LaFayette Driggers, and was commenced on lTt-Sh June, 1881. The cause was tried on issue joined on the plea of not guilty, the trial resulting in a verdict and judgment for the plaintiff. Both parties claimed title under one D. J. Hargrove, the plaintiff, through a tax sale and deed made by the judge of probate in pursuance thereof, and the defendant, by deed from said Hargrove and wife to one W. S. Oates, dated October 18th, 1878, and…
1Opinion of the CourtSomerville, J.
The validity of tax sales must be governed by the law which is in force at the time of the sale. Oli/oer v. Robmson, 58 Ala. 46. The present sale took place in May, 1879, under a proceeding commenced before the probate judge of Dale county on the first of March of the same year. Its purpose was to enforce the collection of certain delinquent taxes due for the year 1878, and assessed against a certain tract of land, as the property of one Hargrove. The validity of the whole proceeding must therefore be tested by the act approved February 12, 1879, entitled “An Act to provide for the sale of…
2Cases cited13 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Davis v. StateSupreme Court of Alabama · 1880
- Gunn v. HowellSupreme Court of Alabama · 1855
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Ellis v. MartinSupreme Court of Alabama · 1877
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3Cited by38 opinions
- United States v. AlabamaSupreme Court of the United States · 1941
- Best v. WohlfordCalifornia Supreme Court · 1904
- Cobbs v. NorvilleSupreme Court of Alabama · 1933
- Downing v. City of RussellvilleSupreme Court of Alabama · 1941
- Wartensleben v. HaithcockSupreme Court of Alabama · 1886
33 more not listed; retrieve them via the Exa API.