The Appellate Autocrats rear steps leading to a walk along this four-foot strip between the house and the fence. Only the captain used the eight-foot alley strip, though he had several other ways, not quite so convenient, of get ting to his pasture. Some six or seven years before, Cap tain James Somebody, P.B.M., con ceived the idea of getting a tax title to this alley way. Under the circumstances, the carrying out of this idea was perhaps not a censurable proceeding. The cap tain being an influential citizen, the strip could easily be gotten on the tax-roll as desired. Thus far this mind of "might" worked within its technical "right." But the thing seemed so easy, and the eight-foot strip was so inconveniently narrow for a driveway, that the idea was enlarged and the passageway assessed as a twelvefoot strip — including therein the fourfoot walk between the dilapidated fence and the tenant house. The assessor would naturally take the say-so of an influential citizen as to the width of the alley, and ask no questions. The fact that Simon Ordinary owned and had possession of that extra four feet did not bother the worthy Some body much. Simon was simple-minded, very ordinary, not very wide-awake generally, and the thing might be worked quietly and come out all right in the end. The eight-foot strip was confoundedly narrow and the extra width was really necessary. That the four feet belonged to Simon Ordinary, and were vitally necessary to the utility of his tenant house, was no concern of the captain's, if through a legal quibble they could be obtained to make his passage really valuable. Besides, Somebody, who had some years before aided Ordinary in buying this same house and lot, knew that the paper title was not exactly
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gilt-edged. Of this possible weakness of his title, Ordinary had no suspicion. So the thing was thereafter returned for delinquent taxes, and the fore-handed captain eventually obtained tax certifi cates on a twelve-foot strip for three successive years. Then he was entitled to a tax-deed from the county — on one of two conditions being complied with. These conditions were bothersome, but necessity must on occasion circum vent the law. One condition required due proof of notice of the tax-deed appli cation to the owner or occupant of the premises. It was of course impossible to comply with this condition, because that would put Simon Ordinary wise and enable him to liquidate the delinquent taxes and spoil the tax-deed proposition. There was left the alternative condi tion of filing an affidavit of non-occu pancy. As two-thirds of the strip was in fact unoccupied, such an affidavit would be only one-third false! A sub servient non-enquiring constable might be utilized. With the cursory informa tion that it related to this unoccupied strip, and presuming on ignorant in difference as to its exact width, the affi davit of non-occupancy was readily ob tained and the tax deed issued by the county on the strength of it for the twelve feet. Having thus secretly obtained and recorded his tax deed, the foxy captain quietly rested on his laurels for nearly three years, presumably under the im pression that the three-year limitation in which his void tax deed might be set aside was running. However, to com plete his spoliation, shortly before the expiration of the period, he forcibly and physically took possession of the fourfoot strip by destroying the fence, re moving the platform, and erecting a new fence on the twelve-foot line. This new fence was put close up against the
