149 So. 73 | Ala. | 1933
The action was in ejectment.
Plaintiff claimed under a tax title. Code, § 3104. The plaintiff was cast in the suit for the land, and thereupon the court, on motion of plaintiff, proceeded to "ascertain the amount of taxes for which the lands were liable at the time of the sale, and for the payment of which they were sold, with interest thereon from the date of sale, and the amount of such taxes on the lands, if any, as the plaintiff, or the person under whom he claims, has, since such sale, lawfully paid or assumed by the state after its purchase, with interest thereon from the date of such payment." Code, § 3101.
The judgment entry recites that the motion of the plaintiff, granted by the court, was "to ascertain and fix the amount plaintiff is entitled to have and recover as for taxes, costs, penalties paid."
Appellant insists the statute permits only a recovery of taxes paid, etc., and that "costs and penalties" accruing for which the lands were sold are not to be included.
In Sheffield City Co. v. Tradesman's National Bank,
The assignment of the tax liens, enforced through this procedure, was thus declared to include the items which the tax liens cover, costs incident to a sale for taxes, and penalties which are added to and become part of the taxes collectable.
The statute has been more than once re-codified since the above-cited decision. *143
The statute directs a personal judgment against the defendant, as well as one declaring a lien on the lands. Code, § 3101.
While it is held the court should ascertain the amount for which judgment should be rendered, it not appearing any controverted facts were determined by the jury, and their finding thereon accepted by the court, no injury appears from submitting the matter to a jury. Green v. Stephens,
Appellant can complain only of errors injurious to him. Errors, if any, affecting his codefendant, who does not appeal, are not reviewable.
Affirmed.
ANDERSON, C. J., and GARDNER and FOSTER, JJ., concur.