The Roanoke times. (Roanoke, Va.) 1897-1977, 1897-11-18

the city.of Bristol. 1t is under this decis-
ion that the "land-grabbers'' are operat-
ing. The opinion follows:
THOMAS W.. JONES.
(S"preme Court OF Appeals of Virginia.
July 10, 1879
TaNati -n-Lands Bid in ny State-Ap pli-
cation for Purchase-Service Sale-Va.
lidity-Priority OF Vendor IS Lien.
81. Code, section 1899, provides for
special service of notices, etc., on non.
residents without the State, which ser
vice has the effect of aU order of publ "a
ton duly executed Acts 1896, page
I'D. provides that. if the officer cunnot
serve an application for leave to purchase
lands bid in by the State for taxes, the
clerk shall insert copy thereof in n
newspaper for certain time, and that
such published notice shall have the same
effect as personal service. Held that SER
vice on non resident outside CT the
State may be made of such application.
''2. Code, section 6G1, which by the
term OF Acts 1So5-0G is made part thereof,
provides that title acquired by n pur-
chaser from the commonwealth of real
estate which has been bought by the COM
monwealth for taxes is subject to be de-
feated only by proof that said taxes were
not properly chargeable on such reality.
or that they have been paid Held, that
defective service, ON the person from
which the commonwealth. acquired that
title OF the application for leave to pur-
chase from the commonwealth, would
not invalidate the deed.
"3. Taxes are n lien prior to the ven
doris lien which accrued long before the
taxes were assessed. -r
ga. Code, section GG1, providing that
title to real estate bid in by the State for
taxes, and afterward sold on application,
shall stand vested in the grantee in
such deed AS it was vested in the party
assessed with taxes or levies on account
OF which the sale was made" refers to
the character of the title that shall be
vested In such grantee and does not mean
that he takes the lands subject to liens
resting thereon at the time the taxes
were assessed"
Appeal from corportion court, city of
Bristol.
Bill by H. T.. Jones against John d.
Thomas for the enforcement of vendors
lien. From decree in favor of plaintiff,
defendant appeals. Reversed and dis
missed.
Rhea & Peters md II. w. Sutherland
for appellant Keehler g. Murtin for an
pellee.
HARRISON, j. This suit was brought
by Fl. E. Jones, appellee here, to subject
to vendors lien lot in the city Of Bris-
tol conveyed by him in 1890 to f. f.
Clark. The lot was sold in 1898 for taxes
assessed against it i'll The ands of Clark.
and bought in by the State. After this
sale Clark died, and one b. C. Keebler
Qualified as administrator. The lot was
not redeemed in two years, and John d.
thomas. appellant here, filed his appli-
cation and became the purchaser thereof.
under Acts 180506. page 2l9, the clerk
executing and delivering to him the deed,
which was fully recorded
After setting forth those facts the bill
alleges that the deed to appellant is rot
valid, first, because the sergeant of the
city of Bristol did not execute the appii-
cation of appellant TO become the pnr-
chaser upon the administrator OF Clark
within said city, but executed it in the
state OF tennessee; and, second, because
.he vendors lien is prior to the tax lien,
and that the appellant took the land sub.
Ject to all liens thereC n, and that an
pellee has the right to subject the same
in the hands of appellant to the satisfac
lion of his vendors len.
Thcaanswer filed by appellant admits
the facts to he as stated in the bill, but
denies that the law will afford the an
pel,ee the relief sought
The duplication which was served by
the sergeant upon the administrators of
Clark in the city of Bristol, but on the
tennessee side of the line, is not in the
record. The only defect in it's execution
pointed out and relied on in the plead
Jugs, or referred to in Argument, is that
1t was served in the State of Tennessee.
AMI not valid for that reason. We must
presume, therefore, that in all other re.
spects the service was regular.
Acts 1S95-06, page 219, under which an.
pellant made the purchase, provides that
If for any reason. the officer cannot serve
the application. that then the clerk shall
insert n copy thereof in II newspaper for
four Successive weeks, and thas snch
published notice shall have the same effect
~ personal service, If the DELINQUENT
does not redeem in the time prescribed
This is equivalent to an order of publica-
ton.
Section 1882 of the Code provides that
personal service of summons. scire
iacias, or notice may lie I..aS,e by any per-
son not psrty to, or otherwise inter
ested In, the subject mntter in coptro-
vcrsy, on Il non resident defendant out of
this state, which service shall have The
same effect, and no other, as an order of
publication duly executed. In sach, case.
the 5eturn must he made under oath.
ana must show the time and place of
such service, and that the defendant so