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• Title: State v. Mcgrone
• Author : Mississippi Supreme Court
• Release Date : January 11, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Counties — Sales of Real Property Bought by County on Delinquent Tax Sale — Annulment of Deed — Insufficiency of Publication and Posting of Notice — Curative Statutes — Ineffective as to Acts or Omissions in Sale Procedure Occurring After Enactment. Sales by County of Real Property Held Under Tax Deed — Notice Given by County Should State Whether Sale to be Made for Cash or on Terms. 1. Obiter: Chapter 85, Laws of 1927, amendatory of section 2235, Revised Codes 1921, in providing, after declaring that the board of county commissioners may sell real property bought in by the county at delinquent tax sale, at a price not less than its fair market value to be stated in the notice of sale, that the sale may be made for cash or on terms, contemplates that the notice shall specify whether the sale shall be made for cash or on terms. Same — Publication of Notice — Insufficiency — Publication Once a Week During Thirty-day Period Required. 2. The requirement of the above chapter that a thirty-day notice shall be given of a sale by a county of property bought by it at delinquent tax sale, held not satisfied by one publication made thirty days prior to the day of sale in a newspaper published in the county, the statute (sec. 9833, Rev. Codes 1921) prescribing that where notices are required to be published by law in a newspaper, they must be published once a week for the period specified. Same — Posting of Notice at Five Public Places — What Deemed Insufficient. 3. Chapter 85, supra, provides for the posting of notices of a contemplated sale of property acquired by a county at tax sale, at five public places. One of such notices was posted on a billboard in the corridor of the courthouse and one on a board fastened to an outside wall of the building. Held, that the finding of the trial court, in an action to have a sale declared void, that the two postings amounted to a posting in one public place only was correct. Curative Statutes Designed to Legalize Past Acts and have No Prospective Operation. 4. Generally speaking, a curative Act, i.e., one designed to cure defects in previous statutes, or to supply former omissions and legalize past acts, operates only on conditions already existing and can have no prospective operation. Page 338 Statutes — Effect of Re-enactment. 5. The re-enactment of a statute does not affect its meaning or enlarge its scope, in the absence of clearly ascertainable legislative intent to the contrary; the effect of a re-enactment is merely to continue the statute in force in its original sense. Tax Deeds — Annulment — Notice of Sale — Noncompliance With Statutory Provisions — Curative Portion of Statute Held Inapplicable to Omissions Occurring After Enactment of Statute. 6. Under rules 4 and 5 above, and section 93, Revised Codes 1921, declaring that where a section or a part of a statute only is amended, the portions not altered are to be considered as having been the law from the time they were enacted, held, that Chapter 162, Laws of 1929, amendatory of Chapter 85, Laws of 1927, worked a change in the latter Act only in a minor particular, leaving unchanged its provisions relative to publishing and posting of notice of sale of property held by counties under tax sale; that therefore the provision of the 1927 Act, re-enacted in the 1929 statute, legalizing past acts, had reference to acts done prior to the date the 1927 law went into effect, and could not cure defects in proceedings had by county commissioners in the sale of property in 1928.

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