50 Ga. 418 | Ga. | 1873
We see nothing in the sections of the Code alluded to, to-wit: sections 890 to 901, Code of 1873, to justify us in saying that they apply to marshal’s sales. Were they negative Acts, that is, Acts putting new restrictions on tax sales, we should incline to apply them to corporation tax sales where the charter was silent; but as they are claimed to extend and enlarge the effect of tax sales we think it would be a violation of all rules of construction to give these sections that meaning. The defendants then must stand on the charter. The title passes only when the charter is complied with. 1st. There must be an execution regularly issued under the charter. 2d. There must be a seizure of the property, and these are necessary to get authority to sell; and, still further, the other requirements of the charter must be complied with. Without these the sale is, in our judgment, void, according to the universal tenor of the decisions. • See the rule stated and the authorities in
Judgment affirmed.