Baumgardner v. Fowler

Citations

• 82 Md. 631
• 34 A. 537
• 1896 Md. LEXIS 27

Syllabus

<p>Tax Sales — Effect of Ratification — Defects in Notice of Sale — Bill to Remove Cloudfrom Title by Owner of Land Soldfor Taxes.</p> <p>A local statute of Garrett County provides that when land is sold for non-payment of taxes, the ratification of the sale by the Court shall be conclusive as to the regularity of the proceedings, except in cases of fraud and collusion. Held, that the ratification of a tax sale where the essential requirements of the statute as to notice have not been complied with, cannot be considered as conclusive, since it is not competent for the Legislature to deprive a man of his property by proceedings which are without warrant of law, or to make ' another’s claim to it conclusive of its own validity.</p> <p>A statute directed that when property is sold for non-payment of taxes, the sale should be advertised by handbills set up on or near the property and at certain other places. Plaintiff’s property was sold for taxes, but such notice was not given and plaintiff had no knowledge of the sale until after its ratification by the Court. Held, that the failure to give the required notice was not a mere irregularity, but a vital defect, and that the purchaser acquired no title.</p> <p>Where the lands sold for taxes are uncultivated and unoccupied, and the purchaser at the tax sale which is void for irregularities has not taken possession, the owner may maintain a bill to remove the cloud from his title caused by such sale, although he has only the constructive possession resulting from his legal ownership.</p>