Selph v. Williams

In determining the ownership of a 50-acre tract of land, which the county acquired from the remainderman in a tax sale, the special master erred in applying statutory law, which did not exist at the time of the remainderman's death.

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Pamela Selph appeals from the trial court’s order in this quiet title action adopting the special master’s report finding that Selph is not the fee simple title holder to the 50-acre tract in issue but rather holds the property, based on proportional shares, with appellees. For the reasons that follow, we reverse. In 1916 Carrie Williams acquired a one-half remainderman interest in 101 acres in Telfair County. The purchase price for the entire tract was $500. In 1933 the County levied upon Carrie’s 50 acres and home on that property for non-payment of taxes.1 At the tax sale in December 1933 the County purchased the property for $38.01. It is undisputed that neither Carrie nor anyone on her behalf redeemed the property within the 12-month period provided under the statute in effect at that time. Code of 1933, § 92-8301.2 Carrie Williams remained on the property after the December 1933 tax sale and died intestate in October 1936. She left ten surviving children, including the parents of appellees and Oscar Williams “Oscar”, appellant’s predecessor in interest.

In September 1937 Oscar purchased the property from the County for $38. The deed recites that the County was conveying fee simple title to Oscar of property “formerly owned by Carrie Williams and the place whereon she resided at the time of her death” which the County “acquired . . . at a tax sale, and the same was not redeemed within the time provided by law, and thereafter second party i.e., Oscar made offer that was accepted and approved by” the County. It appears that Oscar and/or his siblings continued to live on the property for decades thereafter and there was some evidence that subsequent actions taken by Oscar in connection with the property indicated that he considered himself a tenant in common with his siblings.

Selph v. Williams

In determining the ownership of a 50-acre tract of land, which the county acquired from the remainderman in a tax sale, the special master erred in applying statutory law, which did not exist at the time of the remainderman's death.

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