Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Martin v. Republic Land Technology, L.L.C.

Because the appellee, as assignee, expressly agreed to assume the obligations of seller under the purchase agreement, the appellee stood in the shoes of the assignor, obliged to sell the property in question without any exceptions for delinquent ad valorem taxes or state tax liens, therefore, the appellee was not a volunteer.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
AFFIRMED

This case involves a claim of reimbursement for payment of delinquent ad valorem taxes and was tried on the following stipulated facts. On December 9, 1994, an entity known as Dosohs I, Ltd. purchased an undivided 54.8% interest in real property owned by Glen and Dorothy Martin and situated in the City of Terrell Hills at a sheriff’s sale. The property was subject to tax liens for ad valorem taxes owed in 1993, 1994, and 1995. *fn1 On December 14, 1995, Dosohs obtained a decree of partition, with the Martins receiving one acre and Dosohs receiving the remaining 1.208 acre tract. Dosohs then paid its pro rata share of ad valorem taxes owed for the years 1994 and 1995.

On September 14, 1998, Dosohs entered into a contract to sell a portion of its tract to David and Claire Daviss under a purchase contract that required that all tax liens on the Daviss purchase be paid in full. Prior to closing, Dosohs conveyed the entire 1.208 acre tract and assigned the Daviss purchase contract to Republic Land Technology on November 25, 1998. *fn2 At the closing on February 19, 1999, Republic paid delinquent taxes totaling more than $75,000.00 owed by the Martins on the original undivided tract. Republic, as successor in interest to Dosohs, then sued the Martins seeking contribution for the taxes it had paid on their behalf. Following a trial before the court on stipulated facts as evidenced by the supporting documents, the court entered judgment in Republic’s favor. The Martins bring this appeal, asserting error on the ground that Republic paid the taxes as a volunteer.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Labor & Employment Associate Los Angeles

Description: Fox Rothschild LLP has an opening in the Los Angeles, CA office for an associate in our Labor & Employment Department. The ...


Apply Now ›
Associate Attorney

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›
eHealth Exchange In-house Legal Counsel

Reports to: Executive Director FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remote Compensation Range: $21...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements