The Montgomery advertiser., 1907-05-19

cover and satisfy all claims of the State and County. which sum shall not be less than the whole amount of taxes, interest, costs and officers fees as provided for and required to be paid in case of the redemption of such lands (Sec 4091.)
 Tn the case of Crebbs vs. Fowler. appealed from Mobile Chancery Court and decided, at the November term, 1906, in M. s. Judge Anderson, de- livering the opinion of the Court, said:
 "'Section 41O0 does not authorize a sale for a sum less in amount than would be necessary to redeem under Section 4091. As the sum paid for the land was less than is authorized by the statute. the sale to the respond sgnment of the States lien. It is contended by counsel. that the sale was made under the Act of 1S9S-99, sum less than. is required by section 400 of the Code of 1S96, and that said section Is necessarily repealed by the act. Whether said section Is repealed would avail the respondent nothing, in the case at bar, for if 1t was repealed the sale to him compiled neither with the said section nor the act in ques- tion.'
 The question before the Court in this case was one of notice to the former owner and the Court limited Itself to decision of this question dloHef TeIu5iIlB, dS II Was not neceS- sary for the purposes of the case un- der consideration. to determine wheth- CT or not section 400 was repealed by the act of 1898. From the portion above. 1t is clear that the Court rec ognized that section of the act of 1898 is repugnant to and inconsistent with section 400 of the Code of 1896, and the implication is evident that the Court would so hold if the ques- tion was squarely before it.
 :, There can be no question but that the act of 1898 contains such material to the price the State officers are au- thorized to accept in sale of such lands that, in effect. it practically re- peals the said section 41oo. Section guage in referring to the price at which the State officers are authorized to sell such lands. and the Auditor with the approval of the Governor. the Auditor and the Treasurer, and approved by the Governor
 call your attention to the entire omission in the above of any duty placed upon these officers prohibiting them from selling for. sum less In amount than the whole amount of taxes, interest. costs and etc. I also call your attention to the endorsement Treasurer. and the approval of the same by She Governor, on the contract of October 2. 1905, between the Audi tor and Messrs. Teasley and Gunter. fixing the price of these Mobile lands, which Is in words as follows: The price as fixed by the above contract for the sale of the lands as described therein. is hereby fixed as set forth by said contract. October '. 190s'
 Tt Is my opinion, therefore. that the sale of the lands under discussion was made, and I think such fact is clearly shown by the papers in the case, under the authority contained in the act of 1S9S-99. which has been referred to above and hence. I hold that the sale not having been made under any provision of the chapter of the Code cited above. that section 4104 does not govern in this case and that you would not be authorized to pay any part of the claim Of the off, cers of Mobile County for fees which has been presented to you through their attorneys.
 T remain. very resrectfully.
 Alex W. Garber
 "Attorney General"