Bryson v. McCoy, 194 N.C. 822 (1927)

Dec. 21, 1927 · Supreme Court of North Carolina

194 N.C. 822

T. D. BRYSON et al. v. J. W. McCOY et al.

(Filed 21 December, 1927.)

Appeal by defendants from Harding, J., at August Term, 1927, of Cherokee.

Civil action to remove cloud from title, tried upon tbe following-issues :

“1. Are tbe plaintiffs, T. D. Bryson, D. R. Bryson and Mary Gr. Tip-ton, beirs at law of Col. T. D. Bryson, tbe owners of tbe land described in tbe complaint? Answer: Yes.

“2. Is tbe tax deed from T. N. Bates, sheriff, to J. E. McCoy, set out in tbe complaint, dated 9 May, 1907, and registered 1 June, 1907, in Deed Book 19 (48) p. 95, a cloud upon plaintiffs’ title to tbeir said lands? Answer: Yes.”

From a judgment on tbe verdict declaring defendants’ tax deed void and removing same as cloud on plaintiffs’ title, tbe defendants appeal, assigning errors.

M. W. Bell for plaintiffs.

F. 0. Christopher and Edmund B. Norvell for defendants.

Pee CueiaM.

We beld at tbe last term in tbis case, ante, 91, tbat tbe defendants’ tax deed was void for want of sufficient description, and tbat tbe statute upon wbicb tbe defendants stressfully rely, O. S., 8034, applies only to valid tax deeds and bas no reference to deeds tbat are void. Ex rdhilo mhil fit is one maxim tbat permits of no exception; it is as constant as it is self-evident. Chemical Co. v. Turner, 190 N. C., 471, 130 S. E., 154.

Tbe ease bas been tried in accordance with our former opinion, bence tbe verdict and judgment will be upheld.

No error.