Patterson v. . Galliher

Citations

• 29 S.E. 773
• 122 N.C. 511
• 1898 N.C. LEXIS 294

Syllabus

<p>Action to Recover Land — Sheriff■’s Deed- Under Sale for Taxes — Tax Deed — Seal—Equity—Pleading—Harmless Error.</p> <p>1. Under the common law, and always in this State (excepting between the 7th March, 1879, and 5th March, 1881, in consequence of Chapter 142, Acts of 1879,) a seal has been held to be absolutely indispensable to the validity of a deed in which is conveyed a greater estate in lands than three years.</p> <p>2. Section 65 of Chapter 119, Acts of 1895, requiring the attestation clause of a sheriff’s deed for land sold for taxes to be in form as follows: “Given under my hand and seal this-day of -, A. D.-. -, Sheriff,” does not dispense with the necessity for a seal.</p> <p>3. The failure of the sheriff to affix a seal to a deed for land sold for taxes is not an irregularity which can be cured by Section 74, Chapter 119, Acts of 1895.</p> <p>4. Where a pretended deed for land sold for taxes is invalid for want of a seal, it is not incumbent on one claiming against it to prove that the property covered by it was not subject to taxation for the years named in the deed, or that the taxes had been paid before, the sale. {Moore v. Byrd, 118 N. C., 688, distinguished).</p> <p>5. It is not allowable to a defendant in the trial of an action to recover land to prove an equitable interest for the amount bid for the land at a tax sale, as evidenced by an invalid deed of the sheriff, where he did not set up such equity in his answer.</p> <p>6. The refusal to permit a defendant claiming land under a void deed to introduce it in evidence on the trial of an action to recover the land was harmless error.</p>