Alexander v. Gross
| Docket Number: | 2007-CA-02033-COA Linked Case(s): 2007-CA-02033-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-16-2008 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Notice of tax sale - Section 27-43-3 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roerts, and Carlton, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 10-19-2007 Appealed from: MADISON COUNTY CHANCERY COURT Judge: Janace Harvey Goree Disposition: REQUEST TO CONFIRM TITLE DENIED Case Number: 2006-125 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JAMES ALEXANDER |
DONALD A. MCGRAW,
KENNETH TREY O’CAIN |
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| Appellee: | HILDRICH GROSS AND DINETTE GROSS AND ALL PERSONS HAVING OR CLAIMING ANY LEGAL OR EQUITABLE INTEREST IN THE LAND DESCRIBED IN THIS COMPLAINT | RONALD M. KIRK |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Real property - Notice of tax sale - Section 27-43-3 |
| Summary of the Facts: | James Alexander filed suit into confirm his tax title against Hildrich and Dinette Gross, record owners of the property. The chancellor found that the Madison County Chancery Clerk failed to provide the required notice to the Grosses; therefore, she denied Alexander’s request to confirm the tax title and set aside the tax sale. Alexander appeals. |
| Summary of Opinion Analysis: | Alexander argues that the chancellor committed manifest error by determining that the chancery clerk failed to provide the Grosses with the statutorily mandated notice. The Madison County Chancery Clerk testified regarding his effort to serve notice on the Grosses. Notice was issued to the sheriff, but it was returned unfound. Copies of the notice were mailed to a street address – 108 Pine Street; but they were returned undelivered. Notice was then published in the Madison County Herald. The chancery clerk filed an affidavit stating that he tried to call a phone number listed for the Grosses, but it was disconnected. The chancery clerk mailed another notice to an alternate address – 167 Pugh Road, and he called the B&I Quick Stop to ask if anyone there could get a message to the Grosses. On cross-examination, the chancery clerk admitted that his office did not mail any notices to the Grosses’ post office box. He further admitted that his office was aware of this post-office box address because it was listed as the Grosses’ address on their 2003 tax receipt. The Grosses’ post office box address was also listed on the deeds delivered to Alexander. Section 27-43-3 is clear that if notice by mail and personal service by the sheriff are unsuccessful, the chancery clerk must make further inquiry to determine the owner’s street and post office address. Only after further investigation and an effort to send notice to the post office address may the chancery clerk file an affidavit relieving his office of any further duties regarding notice. Thus, the chancellor correctly found that the chancery clerk failed to conduct a diligent search as required by statute because of this error. |
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