147 Ga. 408 | Ga. | 1917
Mrs. A. W. Lewis brought her petition against E. W. Chapman, mayor of the Town of MeCaysville, and others, seeking to enjoin the sale of a house and lot in the Town of McCaysville, which was advertised for sale by the marshal of the town under an execution" issued for certain improvements made by the town on the sidewalk in front of the plaintiff’s property, and to have the execution declared void, etc. The judge on the hearing revoked the temporary restraining order, and denied the prayers of the petition, “provided the defendants advertise and sell the property in question in the manner provided'by law; the complaint of petitioner as to the manner in which the same was being advertised, as set forth-in par. 13, is well founded, and the prayers of petitioner concerning the manner of advertisement is sustained.” To this judgment the plaintiff excepted.
2. It appears from the record and evidence that the assessment proceedings were against Dr. A. W. Lewis, the husband of the plaintiff, and that the marshal in advertising was proceeding to sell the property as that of Mrs. Lewis, a non-resident of the State, and that he summarily struck out the abbreviation “Dr.” from the advertisement already prepared, and inserted the abbreviation “Mrs.” in lieu thereof. The answer of the defendants to paragraph three of the petition admitted that they were proceeding to sell the property under a fi. fa. issued against Mrs. A. W. Lewis. Service was perfected on Dr. A. W. Lewi's as the supposed- owner of the property, but no service was made on the plaintiff, the true owner. Such service, under the facts of the case, would not bind the real owner. The charter expressly provides how service must be perfected on non-residents; and there has been no sort of compliance with the charter in this respect. In statutory, proceedings whereby a person may be deprived of his property, the statute must be strictly pursued. D’Antignac v. Augusta, 31 Ga. 700. We think the court erred in not granting an injunction without the proviso as to the manner of sale of the property. The whole proceeding of the council in this assessment was nugatory for want of service upon the true Owner of the land, as required by the charter. 2 Page & Jones on Taxation by Assessment, §§ 748, 749; and see §§ 826, 839, 521.
Judgment reversed.