Den on demise of Franklin v. Terrell , 10 N.C. 283 ( 1824 )

Hall, Judge.

I think there can be no reason in this case for granting a new trial. It is set forth on the record that a tender was made of the taxes due on the, land; that tender, as to this question, was tantamount to a payment of them; and if no taxes were due, the marshal had no authority to sell. The consequence is, that the deed executed by him is of no more validity than if it had been executed by any other unauthorized person; and in this opinion my brethren concur.