Edwards v. . Lyman

Citations

• 30 S.E. 328
• 122 N.C. 741
• 1898 N.C. LEXIS 338

Syllabus

<p>Action to Remove Cloud on Titter — Tax Deed — Description — Trial.</p> <p>1. In.the trial of an action to remove a cloud upon title cast by a tax deed inadvertently given for a tract different from the one advertised and sold for taxes, it is not necessary for the person whose land has been so inadvertently conveyed to do more than to show a deed or a will to the property antedating the sale or such adverse possession as would give title in fee.</p> <p>2. A notice of tax sale described the land as situated on a river, adjoining the lands of F. on the North and R. on the East. The land conveyed by the'Sheriff was, in fact, a mile and a quarter from the river and adjoined the lands of R. on the North and did not touch the lands of E. at all. Held, that the deed was inoperative, the description not being such as might be cured under the Statute relating to tax deeds but a description which did not fit the land. that was advertised and sold by the Sheriff.</p>