Norwood, et al. v. Moore
| Docket Number: | 2005-CA-00300-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-30-2006 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Tax sale - Section 27-43-3 Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, CHANDLER, BARNES AND ROBERTS, JJ. Non Participating Judge(s): GRIFFIS, J. Dissenting Author : IRVING, J. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 01-13-2005 Appealed from: RANKIN COUNTY CHANCERY COURT Judge: Thomas L. Zebert Disposition: CHANCELLOR SET ASIDE TAX DEED AND ORDERED MOORE TO PAY BACK TAXES AND REIMBURSE FOR LAND SURVEY. Case Number: 54,356 |
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| Party Name: | Attorney Name: | |||
| Appellant: | WILLIE E. NORWOOD AND LOUCIEL G.
NORWOOD |
JOHN C. MCLAURIN |
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| Appellee: | JOHN MICHAEL MOORE | RONALD HENRY PIERCE |
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| Topic: | Real property - Tax sale - Section 27-43-3 |
| Summary of the Facts: | After Willie Norwood and Louciel Norwood, pursuant to a tax sale, obtained a tax deed against property John Moore owned in Rankin County, Moore filed a complaint to set aside the tax deed. The Norwoods filed a counterclaim to acquire clear title to the property. The court set aside the tax deed obtained by the Norwoods, and the Norwoods appeal. |
| Summary of Opinion Analysis: | Sections 27-43-1 and 27-43-3 dealing with the chancery clerkâs responsibility to issue notice to the record property owner are strictly construed. Failure of the chancery clerk to file the requisite affidavits renders a tax deed void. Here, it is undisputed that, while the chancery clerk filed the first necessary affidavit required by section 27-43-3, she failed to file the second required affidavit. Her failure to strictly adhere to the statute renders the tax deed void. |
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