Thomas v. Hammer
Thomas v. Hammer
Opinion of the Court
delivered the opinion of the court.
One Samuel Stone was tax collector for Sullivan county for the years 1871, 1872 and 1873, and returned the lot in question to the -circuit court, and had an order of condemnation and sale of said lot for the State and county taxes for these years, .and proceeded to ■sell the same for said taxes, and bid in the lot for the State and county. But for some reason or alleged irregularity in said proceeding, the comptroller refused to recognize said sale as valid, or to allow him credit for the amount of taxes so bid upon the lot, and he was required to pay or account for same, which he di.d, and thereupon filed a bill against the owners of said lot alleging these facts, and seeking to be
On November 10, 1874, an execution, issued by a justice of the peace, was levied upon said lot, which was subsequently returned to the circuit court, and an order of condemnation and sale was had on March 26, 1877, under which the same was sold by the sheriff, and purchased by complainant, to whom the sheriff executed a deed dated May 20, 1880. This bill was filed June, 1881, seeking to set aside as invalid said decree under which said lot was sold and the clerk and master’s deed made and executed in pursuance thereof, for the reason, as alleged, that the same were irregular, and communicated no title, etc. The only irregularity attempted to be pointed out in these proceedings is that the specific directions of the statute for the sale of land by revenue collectors was not pursued by the decree or the clerk and master under it. The chancellor held that the respondent acquired the title to the lot by his purchase under the decree, and that complainant was not entitled to any relief, and dismissed the bill. The Referees have reported that the chancellor’s decree should be affirmed. "We see no error or irregularity in the proceeding of
The'.exceptions to the report of the Referees will •be disallowed, and the decree of the chancellor affirmed with costs.
Reference
- Full Case Name
- John C. Thomas v. James C. Hammer
- Cited By
- 1 case
- Status
- Published