Judges: PER CURIAM.
Attorneys: Thomas H. Anderson, for Appellant;
No appearance for Appellee.
Filed: Feb. 21, 1936
Latest Update: Mar. 02, 2020
Summary: Final decree for closing tax sale certificate was entered on May 25th, pursuant to decree pro confesso entered on the same day. Sale under final decree was made on July 2d 1934. Order confirming sale was made August 15th, 1934. Petition to vacate final decree and order confirming sale was made and denied November 13th, 1934. On the same day, November 13th, 1934, entry of appeal from final decree, order confirming sale and order denying petition to vacate and set aside final decree and confirmati
Summary: Final decree for closing tax sale certificate was entered on May 25th, pursuant to decree pro confesso entered on the same day. Sale under final decree was made on July 2d 1934. Order confirming sale was made August 15th, 1934. Petition to vacate final decree and order confirming sale was made and denied November 13th, 1934. On the same day, November 13th, 1934, entry of appeal from final decree, order confirming sale and order denying petition to vacate and set aside final decree and confirmatio..
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Whereas it appears that the order made by the Chancellor in the above styled cause denying Petitioner's motion to vacate final decree and also to vacate order confirming sale was made without prejudice to the right of Petitioner to institute a new suit challenging the jurisdiction of the Court to enter such final decree and order confirming sale, the order entered in this Court on February 21, 1936, affirming the order of the Chancellor above
referred to shall also be deemed and held to be without prejudice to the Petitioner to file a new suit challenging the jurisdiction of the Court to enter the final decree and order complained of.
So ordered.
ELLIS, P.J., and TERRELL, and BUFORD, J.J., concur.
WHITFIELD, C.J., and BROWN and DAVIS, J.J., concur in the opinion and judgment.
