88 N.J.L. 38 | N.J. | 1915
The opinion of the court was delivered by
The prosecutor seeks to set aside a tax sale
held under section 52 of the Tax act of 1903. His only in
Moreover, the prosecutor’s case as made in his reasons is self-destructive. He insists that the sale was illegal because not conducted by the collector as the statute requires, but by an auctioneer acting for the collector and in his presence. If this is correct, the sale would be equally invalid if the property had been struck off to the prosecutor. The title of the owner could not be divested by an invalid sale, no matter who was at fault.
The certiorari, must be dismissed, with costs. We do not wish to be understood, however, as approving the action of the collector in himself bidding in for the borough at his own sale, however praiseworthy may have been his motive in desiring to save the rights of the landowner. The statute should be strictly pursued.