52 W. Va. 614 | W. Va. | 1903
Sallie P. Echols appeals from a decree of the circuit court of Wood County, dismissing her bill filed against W. S. Trace-well, seeking to cancel a tax deed executed to him by the clerk of the county court of said county, and for other relief.
The plaintiff alleges in her bill in substance that she is the owner in fee of a certain lot of land situated near the Little Kanawha river, opposite the city of Parkersburg in said county which was conveyed to her on the 30th day of October, 1899, •by J. N. Eobinson, and that the defendant had obtained from B. F. Stewart, clerk of the county court of said county a tax deed for such lot of land, bearing date the 19th day of February, 1901, reciting therein á sale by C. A. Wade, sheriff of such county in month of February, 1900, for one dollar and forty-five cents taxes delinquent and charged thereon in the name of J. N. Eobinson, in the year 1897. Plaintiff further alleges that no such assessment of taxes was made, no such delinquency occurred, and no such sale was ever made, but that such tax deed is wholly illegal, null and void.
The defendant files his answer in which he admits that there was no assessment, delinquency or sale in tire name of J. N. Eobinson, but by way of avoidance of plaintiff’s charge^, alleges that by mistake of the clerk, such lot of land was placed on the tax books in the year 1897, in the name of J. E. instead of J. N. Eobinson, and was returned delinquent, and the sale was made in the name of J. E. Eobinson, and that in making the deed the name was corrected. He files with his answer a copy of the land book, showing a tract or lot of land assessed in the name of J. E. Eobinson for the year 1897, described as a “lot Spencer Est.” “Con. by B. F. Stewart, C. W. C. C.”
To this answer the plaintiff replied generally. No proof was taken by the defendant. The circuit court in deciding the ease, as shown by its final decree, overlooked the fact that a general replication had been entered on the 27th day of November, 1901, and proceeded on the 23d of August, 1902, to decide the case on bill and answer without regard to the gen
The decree is reversed, with costs to the appellant, and the cause is remanded.
Reversed and Remanded.