Practical Treatise on the Power to Sell Land, Vol. 2
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Excerpt from Practical Treatise on the Power to Sell Land, Vol. 2: For the Non-Payment of Taxes Unless such consent is given by the President, the title of the Indian reservee does not pass. In that case the object of the provision was to guard the Indian against fraud and imposition; and it is the practice of the Indian Department, not to submit a deed, executed by an Indian, to the President for his approval, until it satisfactorily appears that the land brought its fair market value, and that the consideration has been paid or secured. Where an act of the legislature, or order of a court, requires the approval or confirmation of the sale, it is void without it. The same principle is more strongly applicable to a tax sale and deed when a confirmation of them is required by law. The Ohio statute of Jan. 30, 1822, requires a confirmation and approval of the sale, by the court of Common Pleas of the county where the land lies, and the entry of an order directing the execution and delivery of a deed to the purchaser. In Northrop´s Lessee v. Devore it was held that an order of confirmation which misrecited the day of sale was a nullity. In no case will the confirmation aid a void title. In Northrop´s Lessee v. Devore, and Adams v. Bainter, the defendants relied upon tax titles derived under the statute of Ohio of 1822, which required a judgment, precept, advertisement, sale, deed, return, and confirmation. The judgment was rendered at the August term of the Common Pleas Court, 1824. The land was sold Nov. 10, 1824; at the December term, 1824, an order, confirming the sale, was entered by the court, reciting that a sale was made on the 10th, 11th, and 12th days of December. The order of confirmation was dated Dec. 12, 1824. The sale and order of confirmation were held void. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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