Citation Numbers: 64 Ga. 254
Judges: Bleckley, Jackson, Warner
Filed Date: 9/15/1879
Status: Precedential
Modified Date: 1/12/2023
This was a bill filed by the complainant against the defendants, with a prayer for an injunction to restrain the collection of certain city taTs.fi. fas. which had been issued against him by the defendant, upon the allegations contained therein, and for other relief. The chancellor refused the injunction prayed for, and upon demurrer to the complainant’s bill dismissed it. Whereupon the complainant excepted.
The main object of the complainant’s bill as amended is to set aside the sale of a certain described house and lot in the city of Augusta, which had been levied on and sold under certain city taxfi.fas. issued against him, as his property, for the reasons alleged therein’. When the complainant filed his original bill, he alleged that he was not the owner of any real estate, but considered himself bound to pay all just and lawful taxes on the house and lot in question. Afterwards, when the bill was demurred to, the complainant amended it by striking out the words “ while not the owner of any real estate,” so that the bill is now to be considered with these words stricken out, but there is no allegation in his bill that he ever was the owner of the house and lot which was sold for taxes, or that he had any interest whatever in the same either legal or equitable. It is a fundamental principle that a court of equity will not entertain a bill in favor of a party who shows no title or interest in the subject matter for which he seeks relief. Story’s Equity Pleadings, sections 260, 261, 262. But it is insisted that inasmuch as the defendant issued the tax fi. fas. against the complainant for taxes due by him, and levied the same on the house and lot in question, and sold it as his property, the defendant, as well as the purchaser at the sale thereof, would be estopped from denying that it was his property; that might be so if the complainant had
Besides, the complainant did not offer to pay the taxes admitted to be legally due. There was no error in sustaining the demurrer to the complainant’s bill.
Let the judgment of the court below be affirmed.