Boggs v. Hargrave, 16 Cal., 560; Freeman on Executions, § 301; Dawley v. Brown, 65 Barb. 107, Commissioners v. Smith, 10 Watts, 392. Where the judgment is void the purchaser can be relieved from his purchase: Verdin v. Slocum, 71 N. Y. 345, and other cases; Rorer on Judicial Sales, § 48. Innocent purchaser may recover back money paid on void sale, so long as person sued retains the money: Brandon v. Brown, 106 Ill. 519; (This is such a case.) Maxim "Ignorantia legis non excusat," does not apply; it is enough to hold that no one shall exempt himself from a duty, or escape a penalty by the plea of ignorance, or acquire an advantage by pretending ignorance: 2 Pothier on Ob. 297: Culbreath v. Culbreath, 50 Am. Dec. 375.
An agent who assumes to sell, warrants his power to do so; the city assumed to sell as agent of the owner.
The act of 1889 (providing for re-assessment) renders the city liable. Where a moral obligation exists (as here, to refund) the legislature may impose a legal obligation; Brewster v. Syracuse, 19 N. Y. 116; Jefferson etc., Co. v. Clark, 95 U. 8S. 644, and other cases.
After an assessment has been set aside, one who has voluntarily paid the assessment may recover from the city: Jersey City v. Ricker, 38 N. J. L. 225; Valentine v. City, 34 Minn. 446—and the Indiana cases hold that the purchaser of certificate stands in same position as voluntary payor.
Exemption of defendant from liability here, is contrary to public policy; Corbin v. County, 1 McCrary, 521.
Arthur J. O’Keefe, for respondent: Money voluntarily paid for taxes with knowledge of the facts, cannot be recovered: Mayor v. Lefferman, 45 Am. Dec. 145; Allentown v. Saeger, 20 Pa. St. 421; Stickney v. Bangor, 30 Me. 404; Sanford v. New York, 33 Barb. 147; Powell v. Supervisors, 46 Wis. 210; Comrs. v. Goddard, 22 Kan. 389, and other cases. Caveat emptor applies here: State v. Casteel, 11 N. E. Rep. 219. If a purchaser at tax sale fails to get title he is without remedy: Cooley on Tax. 572: Lynde v. Melrose, 10 Allen, 49; Packard v. New Limerick, 34 Me. 266; Worley v. Cicero, 11 N. E. 227. Such purchaser buys at his peril and is bound to inquire into
