71 Md. 20 | Md. | 1889
delivered the opinion of the Court.
There are what purport to be four bills of exception in this record. The last is the only one which is signed and sealed by the’ Judges of the Circuit Court. The questions intended to be presented by the others are consequently not before this Court. Each distinct exception which embraces an independent proposition of law, must be signed and sealed by the Court below before it can lie regarded as a valid exception to be considered by this
John Cooper was the owner of a life estate in about three hundred acres of land lying in Prince George's County. This land was assessed to him and in his name. The appellants were the owners of the remainder. Cooper failing to pay the State and county taxes for several years, the property was sold by the treasurer and collector of the county for the sum of live hundred and fifty dollars — a few dollars more than was needed to pay the taxes in arrear, interest thereon and costs. After Cooper's death the remainder-men instituted an action of ejectment against the appellee, who claims title under the collector’s deed, and this appeal is taken from the judgment rendered against them in that case. All the papers relating to the tax sale have been lost, and there is no record of them. Resort was had at the trial to parol proof to establish their contents.
What has just been said with regard to the effect of the order of ratification has relation to sales made under the statutes alluded to. It is claimed, however, that the sale in question here was made under a local law, the Act of 1882, ch. 317, which, it is insisted, does not give to the order of ratification the force and effect accorded it by the Act of 1874, ch. 483. There is some
Upon the state of the proof alluded to, bearing on this branch of the case, the Court instructed the jury as follows: “If, from the evidence, the jury shall find that a final order of ratification of the treasurer’s and collector’s report of sale of the real estate in dispute in this cause was passed by the Court, then the verdict of the jury must be for the defendant, unless the plaintiffs show by positive testimony, that there was some defect in said tax sale.” 2. “That the defendant having
The second instruction is open to a more serious objection. By it the Court directed the jury as matter of law, that from the evidence before them, there had been a ratification of the collector’s sale. It was a conclusion or inference of law drawn from and based upon the facts proved. In our opihiou this conclusion was erroneous. The evidence in the case did not warrant it. The instruction is open to objection, not because it assumed a fact not proven, hut because it announced a
There was no error committed in rejecting the prayers of the appellants. The second and sixth submitted questions of law to the jury. The second left it to the jury to find whether the tax proceedings were regular, and the sixth, whether the collector’s advertisement was insufficient and improper. The first imposed upon the appellee the duty of showing that the County Commissioners had passed an order directing the sale, and sought to preclude a recovery, because no evidence had been offered on that subject. But, as we have said, the final ratification of the sale throws upon the party impeaching it the obligation to prove a failure to comply with the provisions of the law, and no presumptions can he invoked against the regularity or validity of the sale. The third prayer declared that the advertisement did not sufficiently identify and describe the property. The whole advertisement is not set out in the record. That portion which is given shows that the property was situated in Bladeushurg district in Prince George’s County; that it contained two hundred acres, more or less, and was called “Pleasant Prospect,” and was assessed in the name of John Cooper. This was a sufficient description,
For the errors indicated the judgment will be reversed and a new trial awarded.
Judgment reversed, and neto trial awarded.