A Practical Treatise On the Power to Sell Land for the Non-Payment of Taxes Assessed Theron, Embracing the Decisions of the Federal Courts, And of the Supreme Judicial Tribunals of the Several States

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OF THE EFFECT OF THE SALE AND DEED, WHERE THE OFFICER HAS ABUSED OR EXCEEDED HIS AUTHORITY.
It is a general principle, that if in the execution of an authority conferred hy law upon a public ofl&cer or private individual, an abuse or excess of the authority occurs, the entire proceedings under the authority are rendered void, and the person committing the act complained of as an abuse or excess, becomes a trespasser, ah initio. And it is immaterial whether the authority is derived from the comm
...on or statute law ; or whether the abuse or excess consists of an act of commission or omission. In each instance the act is illegal, but the remedy varies according to the circumstances of each particular case.-^ On the other hand, the abuse or excess of an authority infad does not render the entire execution void, but only the illegal part of the transaction. But even in this case the courts must be enabled to separate that which was properly done, from that part which there was no 1 The Six Carpenters' Case, 8 Co.

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