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eBook details

• Title: Luster v. Bank of Chelsea
• Author : In the Supreme Court of Pennsylvania Western District
• Release Date : January 02, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

1 The dispositive issue on certiorari in this quiet title suit is whether the County Treasurers Resale Tax Deed by which Bill and Edith Luster (plaintiffs/appellees or Lusters) take title to the real property in question is valid and passes title to them free and clear of all other claims and interests to said property, except certain rights-of-way and easements of certain defendants. We answer in the negative. The unpublished Memorandum Opinion of the Court of Appeals, Division 2, is vacated. We affirm that part of the trial courts judgment which finds The Bank of Chelsea (defendant/appellant or Bank) has a valid and subsisting mortgage against the property and reverse that part of the judgment which finds with respect to James A. Thomas and Wanda Lee Thomas (defendants/appellants or Thomases) that all matters pertaining to the issuance of the tax certificates and sale at the tax resale including listing, advertisement and notice thereof, were in substantial compliance with Oklahoma statutes, and that the resale tax deed is valid and passed full fee simple title to the Lusters. We hold the manner of notice provided to appellants, in the circumstances of this case, did not measure up to the quality of notice which the Due Process Clause of the Fourteenth Amendment requires.

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