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MARX v. HANTHORN

No. 123.

148 U.S. 172 (1893)

13 S.Ct. 508

37 L.Ed. 410

MARX, v. HANTHORN.

Supreme Court of United States.

Decided March 6, 1893.

Attorney(s) appearing for the Case

Mr. John H. Mitchell and Mr. John M. Gearin for plaintiff in error.

Mr. J.N. Dolph, (with whom was Mr. George H. Durham on the brief,) for defendant in error.

MR. JUSTICE SHIRAS, after stating the case, delivered the opinion of the court.

As there must be express statutory authority for selling lands for taxes, and as such sale is in the nature of an ex parte proceeding, there must be, in order to make out a valid title, a substantial compliance with the provisions of the law authorizing the sale. A statutory power, to be validly executed, must be executed according to the...

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