Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-03-08

| due said municipality aud II the taxes are not
brought In within the tme allowed, the cause
shsu proceed 10 sale for the other taxes, without
iurther delay. and sele for the other taxes shall
cO on all teins for taxes up 10 The filing of the bill
o. lnsutuuou Of suit That the certificate Of said
receiver. as TO taxes appearing upon the books OF
tne extinct municipality, thal have the came
ensei as the certificate as to other taxes as pro-
raeo in the SeeGnd section of this act
! Ihat the decree shall be made or Judgment
rendered in the said cause for the said taxes,
ana the sale ordered to satisfy the same, as well
As STATE county, city and taxing d strict taxes,
as heretofore provided. That where suits have
been iustitutRd to enforce the collection of taxes
due the said extinct munic palities they nav be
prosecuted TO judgment or decree and copy Of
SAD Judgment or decree led in the suit instituted
under this act, and shall have the same effect as
u said judgment or decree had heen obtained in
me suit under this act; aud upon sale the pur-
chaser, upon compliance with the terms of sale
shall have title free from all tax liens, up TO the
date the suit was instituted and shall be entitled
70 decree Testing him with absolute title, and
70 me writ OF possession, as provided in the sec
ond section of this act, Thst so much OF section
Of chapter AZ of the acts OF 1873 as may be in
peIled.
sec 5. Be Il further enacted, That in suits insti-
tuted under this act or the act to which it is an
amendment, procofgess0 against nonresident de.
tendant or defendants, whose names or pisces OF
tssloenee are unknown, shall have the same effect
mat prOc0nff $50 now has against such defendants
In cases weere there is attachment OF property.
sec g. BE II further enacted, That it shall be the
Pleadiugs and proof that the interest of the de-
tenoants or any one of them, IL the realty pro-
Ceeoeu against is encum bered with other liens,
then in that event to decree so as to require the
interest of such defendant defendants in said
realty TO be first offered for ssle in satisfaction of
SAID decree. and II tho interest 20 soId fail TO
erlng an amount sufficient to satisfy said
uecfee ana costs, that the remaining lnterext
snail be offered for sale and the surplus shall be
paid TO whoever may be decreed entitled thereto;
ana IN all cases where ii appears that any defend
ant OWES q life estate or estate tenant by cOur
Lesy, that interest estate In the realty shall be
nrst onered for sale, and, in case sum sufficient
is not realized to satisfy the decree and COSTS the
Remaining Interest shall as aforesaid be offered,
and the court in its discretion may order the clerk
II be capable of PARTITION in Of the enforce
lnenI OF vendors liens and this shall be done in
tne case OF the sale Of lands Of persons under dis
aoilty, coverture, infancy CT lunScy, whore, in
the opinion of the court, 1t is manifestly to the
interest OF such persons to so decree the sale
sec. z BE further enacted That it shall be the
outy OF the court, where any defendant is a non
resident, and fails to plead, answer or demur
within the time allowed by law, to appoint some
reg ular prscticing attorney of the court repre-
sent said defendant In the cause, who shall COM
munleaie with said nonresident If practicable
premises. Said defendant by said attorney may
set up any defense by answer under oath at any
time before confirmation of sale, and the court
shai have power TO stay proceedings and set aside
the former decree and sale, and hear the cause as
II no decree had been rendered. but In such case
on said land, shall be paid into court when answer
is filed. This shall cut OFF any right of dee 1Se
now nave except as herein else
where provided, The court will allow to said |
counsel fee not to excsed $40, to be taxed |
Is costs in the cause against said non-resi lent.
Sec. S. Be II further enacted, That this act take
meet from and after Its passage, the public welfare
requiring it.