Threadgill v. Home Loan Co.

• Decision Date: 28 March 1929
• Docket Number: 6 Div. 265.
• Citation: 219 Ala. 411,122 So. 401
• Parties: THREADGILL v. HOME LOAN CO.
• Court: Alabama Supreme Court

122 So. 401

219 Ala. 411

THREADGILL v. HOME LOAN CO.

6 Div. 265.

Supreme Court of Alabama

March 28, 1929

Rehearing Denied May 30, 1929.

Appeal from Circuit Court, Jefferson County; William M. Walker Judge.

Bill to quiet title to lands by the Home Loan Company against B. C Threadgill, and cross-bill by respondent. From the decree respondent appeals. Affirmed.

W. A Weaver and Roy Manly, both of Birmingham, for appellant.

A. Leo Oberdorfer and Hayden & Hayden, all of Birmingham, for appellee.

SAYRE J.

Appellee's bill sought relief according to the provision of section 9905 of the Code of 1923, i. e., sought to settle the title to a parcel of land in West End, a part of the city of Birmingham, and to clear up all doubts or disputes concerning the same. In his answer and cross-bill appellant averred his purchase of the land in question from the state auditor, and claimed a lien, as provided in chapter 58 of the Code, meaning, as we are given to understand, a lien for the sums stipulated in section 3120 of the Code in the case of a purchase at private sale from the auditor of land bid in by the state at a sale for taxes, viz. (quoting from section 3120): "Not *** less than the amount of money for which the lands were bid in by the State, with interest thereon at the rate of ten per cent per annum from the date of sale, together with the amount of all taxes due on said lands since date of sale, with interest thereon at the rate of eight per cent per annum from maturity of such taxes." At the hearing the court decreed to cross-complainant a lien for a sum which the decree recites as "being the amount sufficient to cover and satisfy all of the claims of the State of Alabama and Jefferson County against said land for or on account of taxes, interest, fees, costs, and officers' fees, which were due upon or have accrued against, said land, as provided for in Chapter 58, Article 8 [including section 3120], Code of Alabama of 1923, as recited in the tax deed set out as an exhibit to the respondent's cross-bill, and upon which respondent relies, and whose recitals as to the amount being sufficient to cover and satisfy all of the claims of the State of Alabama and Jefferson County against said lands for or on account of taxes, interest, fees, costs and officers' fees respondent is estopped to deny."

If we understand appellant's contention on this appeal, he now seeks to hold the land in question as against the former owner, who now claims the right and title of a redemptioner for an amount to be composed of taxes, interest, fees, etc., greater than the amount, composed of...