Alexander v. Womack, et al.
| Docket Number: | 2002-CA-01431-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 10-16-2003 Opinion Author: Easley, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Statute of limitations - M.R.C.P. 8(c) - Voiding of tax deeds - Notice - Section 27-43-1 - Section 27-43-3 Judge(s) Concurring: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Carlson and Graves, JJ. Non Participating Judge(s): Diaz , J. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 07-22-2002 Appealed from: Lawrence County Chancery Court Judge: J. Larry Buffington Disposition: Voided tax sales of three parcels of land. Case Number: 00-0090 |
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| Note: | 2002-CA-01440-SCT James Alexander v. George Harris, Jr., et al.; Lawrence Chancery Court; LC Case #: 00-0085; Ruling Date: 07/22/2002; Ruling Judge: J. Buffington 2002-CA-01437-SCT James Alexander v. Willie Boyce Davis; Lawrence Chancery Court; LC Case #: 00-0089; Ruling Date: 07/22/2002; Ruling Judge: J. Buffington | |
| Party Name: | Attorney Name: | |||
| Appellant: | James Alexander |
PAT H. McCULLOUGH |
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| Appellee: | Tammy Womack, Betty Catchings, Maeleaner Benson, Elzie Mae Berry, Dennie Taylor, Curtis Ray Taylor, Darron Taylor, Donnell Taylor, Jr. and Willie Ray Taylor | MALCOLM T. ROGERS |
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| Topic: | Real property - Statute of limitations - M.R.C.P. 8(c) - Voiding of tax deeds - Notice - Section 27-43-1 - Section 27-43-3 |
| Summary of the Facts: | James Alexander purchased property at three different tax sales. In each of the three cases, Willie Davis, the heirs of the Taylor Estate and the heirs of the Harris Estate, filed motions for partial summary judgment contending that the tax deeds should be declared null and void and set aside. The court voided the tax sales of all three parcels of land, and Alexander appeals. |
| Summary of Opinion Analysis: | Issue 1: Statute of limitations Alexander argues that the court erred in not applying the general three-year statute of limitations. M.R.C.P. 8(c) provides that the statute of limitations is an affirmative defense which must be pled. Alexander failed to raise the statute of limitations in his answers or in his responses to the plaintiffs’ motions for partial summary judgment. Since the defense was not pled, the issue is not properly before the Court. Issue 2: Voided tax deeds Alexander argues that the court erred in voiding the tax sale and the tax deeds because the chancery clerk and the sheriff did not comply with the statutory notice to the plaintiffs. Section 27-43-1 provides that the chancery clerk shall, within 180 days and not less than 60 days prior to the expiration of the time of redemption with respect to land sold, be required to issue notice to the record owner. Section 27-43-3 provides that the clerk shall also be required to publish the name and address of the reputed owner of the property and the legal description of such property in a public newspaper of the county in which the land is located at least 45 days prior to the expiration of the redemption period. Because the clerk and the sheriff did not provide the plaintiffs with the statutory notice as to the three properties in question, the court did not err in voiding the tax sales and tax deeds. |
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