Rich v. Braxton

Syllabus

<p>C., in his lifetime, was in possession, claiming ownership under divers patents of the Commonwealth of Virginia, of several contiguous tracts of land in West Virginia, described in ¡the several surveys thereof. In September, 1875, they were sold for nonpayment of taxes assessed upon them for the year 1874, and, under the oji ¿ration of the tax laws of that State, the title was suspended for one'year, the State being the purchaser, in order to enable the owner to pay the taxes within that year, and thus free the land from the charge. 0, died three months before the expiration of the year. After his death and after the expiration of the year, his heirs commenced proceedings upder the state statutes, praying for leave to pay all back taxes and to acquire the title to the lands which had then become vested in the State. Decrees were entered giving them permission to redeem,'and releasing the lands from the forfeiture and from all former taxes and damages. Under these decrees they made the payments. They then found that an adverse title to the lands was set up by purchasers at tax sales made in -1889 for the non-payment' of taxes assessed in 1868, to persons claiming under other alleged surveys, and under other grants from the Commonwealth, and under other ta’x sales made prior to the separation, which are set forth in detail in the opinion of the court. The heirs óf C. thereupon filed their bill in equity against the persons setting up such adverse title, praying for a decree annulling the deeds under which the defendants claimed title, and the removal thereby of the cloud created .by them on the plaintiff’s title. 'Held,</p> <p>(1) That the claims of the heirs of C. were sustained, unless overthrown by the evidence adduced by the defendants;</p> <p>(2) That the examination and review of that evidence by the court showed that the tax sale of 1869 had no validity, and that there was nothing in the case to affect the validity of the claim of the heirs of 0/</p> <p>By t