{
  "id": 11273911,
  "name": "J. M. GRIFFITH and JOHN O. GRIFFITH v. A. B. SILVER et al.",
  "name_abbreviation": "Griffith v. Silver",
  "decision_date": "1899-12-05",
  "docket_number": "",
  "first_page": "368",
  "last_page": "370",
  "citations": [
    {
      "type": "official",
      "cite": "125 N.C. 368"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.39,
    "pagerank": {
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    "simhash": "1:2f7b6ba6cd548a68",
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  "last_updated": "2023-07-14T16:42:03.891072+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. M. GRIFFITH and JOHN O. GRIFFITH v. A. B. SILVER et al."
    ],
    "opinions": [
      {
        "text": "MONTGOMERY, J.\nIn one of the townships of Yancey County a tract of land of 700 acres was listed for taxation for the years 1892 and 1893, in the name of the \u201cSilver heirs.\u201d The defendants in this action are \u201cthe Silver heirs,\u201d and they are in the possession of the 700 acres of land, claiming under a sheriff\u2019s deed made to them under a sale of the land for taxes. The lands were listed as one tract, and they embraced, according to the admissions of the answer, 400 acres which belonged to the plaintiff at the time of the sale. The case on appeal also shows that it was admitted that the land described in the complaint, and for the possession of \u25a0which the plaintiff brought this action, was covered by the grants introduced by the plaintiff.\nThis is indeed a novel case; one entirely different from any we have had before us on the subject of titles under tax sales. The defendants listed the land of the plaintiff, together with their own, in a lump \u2014 in one tract \u2014 and by a description which gave the plaintiff no possible intimation that his land was embraced in the listing, allowed their own land, together \u2022with the plaintiff\u2019s, to be sold for their taxes, bought the whole at the tax sale, and now set up a title under the sheriff\u2019s deed.\nWe are of the poinion that by the defendants listing the plaintiff\u2019s land as their own, they are bound by that act forth e purposes of this suit, and when they bought at the sheriffs sale they simply paid their taxes, and the sheriff\u2019s deed conveyed no title.\nOf course, as between the plaintiff and the defendants, the listing of the plaintiff\u2019s land by the defendants does not affect the plaintiff\u2019s title under the circumstances of this case, for the plaintiff could be in no manner bound by the act of the defendants in the listing of the land.\nThere was no error in the instruction of the Judge to the jury, and the judgment is\nAffirmed.",
        "type": "majority",
        "author": "MONTGOMERY, J."
      }
    ],
    "attorneys": [
      "Appellant not represented in this Court.",
      "'Messrs. E. J. Justice, and J. T. Perlcms, for appellee."
    ],
    "corrections": "",
    "head_matter": "J. M. GRIFFITH and JOHN O. GRIFFITH v. A. B. SILVER et al.\n(Decided December 5, 1899.)\nListing Land for Taxes \u2014 Talcing Sheriff's Deed.\nA person who lists the land of another in his own name for taxes, and allows it to be sold for the taxes, becomes the purchaser and takes the sheriii\u2019s deed, simply paid his own taxes, and acquires no title under the deed.\nCivil, Actio\u00ae to recover four separate tracts of land of 300 acres each, tried before Allen J., at Eall Term, 3899, of YaNoicy Superior Court. '\nIt was admitted that the paper title of the plaintiffs cov-' ered the land in suit, and that defendants were in possession of part thereof. The defendants claimed the land under a tax title. They had listed the land, along with 300 acres of their own, as '700 acres, allowed it to be sold for the taxes, bid the whole off for tax and cost $17.21, took first the tax certificate and afterwards the sheriff\u2019s deed.\nHis Honor directed the jury, that if they believed the evidence, to find the issues in favor of plaintiff, which they did. Judgment accordingly, and defendants appealed.\nAppellant not represented in this Court.\n'Messrs. E. J. Justice, and J. T. Perlcms, for appellee."
  },
  "file_name": "0368-01",
  "first_page_order": 400,
  "last_page_order": 402
}