the right of redemption remained
the right of redemption remained
If, under this statement, the court MBT Shoes should be of opinion that the plaintiff was entitled to recover, judgment was to be entered Coach Outlet for him, with six cents damages and six cents costs; if otherwise, judgment to be entered for defendants.
The court below (White, President,) rendered a judgment for defendants.
Findlay,for plaintiff in error, contended that the right of redemption remained as long as the title remained in the commissioners ; the whole object of the Act of Assembly, and system of [Kirkpatrick v. Mathiot.]taxation, was to insure the payment of the county rates and levies, and not to acquire title to land; if, therefore, the land was the subject of redemption, Coach Purses Canada the purchase by one tenant Coach Outlet Online in common was but a mode of redemption which enured to the benefit of his cotenant. 5 Johns. Chan.407; 3 Sumn.376; 5 Cow.520.
Foster, contra,argued that after the lapse of five years the title in the commissioners became absolute, and not subject to redemption. 10 Watts354. All privity and relation between the tenants in common was lost with the land; they became strangers to each other in relation to it; and Christian Louboutin On Sale owed to each other, therefore, no fidelity respecting it, but each was at liberty to acquire title to it for himself; which could only be acquired by purchase.
The opinion of the Court was delivered by
Huston,J.â€"The decision of this case will depend on the construction of the following sections of the Act of 13th of March 1815, and on the relations and duties of tenants in common to each other. The fifth section of the Act provides that if a sum shall not be bid for a tract of land offered at treasurer's sale, sufficient to cover the taxes and costs accrued at that time, " it shall be the duty of the commissioners of the proper county, or any of them, to bid off the same, and a deed shall thereupon be made by the treasurer to the commissioners for the time being, and to their successors in office, to and for the use of the proper county; and it shall be the duty of the commissioners to provide a book, wherein shall be entered the name of the person as whose estate the same shall have been sold, the quantity of land, and the amount of taxes it was sold for; and every such tract»shall not thereafter, so long as the same shall remain the property of the county, be charged in the duplicate Coach Factory Store of the proper collector; but for five years next following such sale, if it shall so long be unredeemed, the commissioners shall, in Coach Factory separate columns in the same book, charge every such tract of land with the reasonable county and road tax, according to the quality of said land, not exceeding in any case MBT Shoes Sale the sum of $6 for every hundred acres." By a subsequent Act of 13th of March 1817, it was left discretionary with the commissioners whether they would purchase.
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