5 S.E.2d 881 | Ga. | 1939
1. An entry of levy by a sheriff on a tax execution, and a sheriff's deed made in pursuance of a sale based on such entry, can not be so reformed as to describe the property by a description materially different from the description appearing in the original entry of levy. 61 C. J. 1363, § 1937; 23 R. C. L. 315, § 8; Batelle v. Knight,
2. The evidence set forth in ground 4 of the motion for a new trial tended to support the allegations of the petition, to which no demurrer was filed, and therefore was not subject to objection, on the ground that the tender as pleaded was insufficient. Kelly v. Strouse,
3. The uncontradicted evidence substantially proving the case as laid, the court did not err in directing the verdict for the plaintiff.
4. It is not clear from the record that the decree provided that before an entry of cancellation the complainant pay the taxes on the particular land involved. Direction is given that if said decree does not already so provide, it be made condition of cancellation that complainant pay to the court the taxes actually due on this particular land, with interest and cost of sale, in accordance with the tender alleged in the petition. Davis v. Metropolitan Life Ins. Co.,
Judgment affirmed, with direction. All the Justicesconcur.
The defendants filed an answer by which they sought to reform the original levy made by the sheriff on the tax fi. fas., and the advertisement thereof for sale; and sought to reform the tax deed executed by the sheriff, so as to make it speak the truth and specify the land actually levied on, sold at the tax sale, and bought by the county. The answer sought also an appointment of a receiver to take charge of the land which it is alleged it was the intention of all of the parties to describe in the levy, advertisement, and tax deed. A general demurrer to the answer as amended was sustained, and the court denied the application for receiver. The defendants excepted, assigning error on the sustaining of the demurrer to their answer and cross-action, but not on the refusal of the application for receiver. The writ of error was dismissed as premature, with direction granting leave to the plaintiffs in error to treat the official copy of their bill of exceptions as exceptions pendente lite.