Alexander v. Musgrove
| Docket Number: | 2010-CA-00890-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-11-2011 Opinion Author: Irving, P.J. Holding: Reversed and remanded |
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| Additional Case Information: |
Topic: Real property - Set aside tax deed Judge(s) Concurring: Lee, C.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Judge(s) Concurring Separately: Griffis, P.J., concurs in result only without separate written opinion Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 04-27-2010 Appealed from: Lawrence County Chancery Court Judge: J. Larry Buffington Disposition: SET ASIDE TAX-SALE DEED Case Number: 14,871 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | James Alexander |
JASON T. BARRETT |
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| Appellee: | Patsy Phillips Musgrove a/k/a Patsy Joan Vanderford | MALCOLM T. ROGERS | ||
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 - Set aside tax deed |
| Summary of the Facts: | James Alexander purchased property at two different tax sales. The property’s previous owner, Patsy Musgrove, filed suit seeking to cancel the tax deeds. The chancery court issued an order setting aside a tax deed connected with the property. Alexander appeals. |
| Summary of Opinion Analysis: | The final judgment did not explicitly address the second tax sale. The chancery court’s statement—that “The [c]ourt further finds that the tax deed issued as a result of that void tax sale is likewise set aside”— could refer to either tax sale. Furthermore, the judgment did not address the proceeds of the lumber sale, even though the previous summary-judgment order stated that the sale would be addressed in the chancery court’s final judgment. Also, it is impossible to discern from the chancery court’s judgment exactly what monies were to be remitted to Alexander for his payment of the taxes. Thus, the case is remanded. |
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