Watson v. Waters

694 S.W.2d 524, 1984 Tenn. App. LEXIS 3192
CourtCourt of Appeals of Tennessee
DecidedSeptember 28, 1984
StatusPublished
Cited by2 cases

This text of 694 S.W.2d 524 (Watson v. Waters) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watson v. Waters, 694 S.W.2d 524, 1984 Tenn. App. LEXIS 3192 (Tenn. Ct. App. 1984).

Opinion

OPINION

SANDERS, Judge.

The Plaintiff has appealed from a decree of the chancery court upholding the validity of a tax deed challenged by the Plaintiff.

The Plaintiff-Appellant, Hugh Watson, acquired the property here in dispute in 1971. It is located in the Town of Gatlin-burg, 11th Civil District of Sevier County, and is approximately 115 X 130 feet and is improved with a commercial building on it. In 1976 he leased the property to Hobert Trentham. As pertinent here, the lease provided the lessee was required to pay the city and county taxes on the property. Mr. Trentham failed to pay the county taxes for the year 1977 and on February 23, 1980, the property was sold to the Defendant-Appellee, Margaret B. Waters, for delinquent taxes. The property was not redeemed and in March, 1982, a tax deed was given to the Defendant for the property. Soon after the deed was given to the Defendant she made demand on the tenant of the premises for rents, which resulted in the Plaintiff’s learning for the first time that there had been a sale of the property.

The Plaintiff filed suit in the chancery court to have the deed to Defendant set aside and voided as a cloud on the title. He alleged he had no notice of the sale of the property, either actual or constructive. He [525]*525alleged that no process had been served on him and the sale was void. He also tendered into court funds to reimburse the Defendant for her expenses and interest.

Upon the trial of the case the chancellor found the issues in favor of the Defendant. He upheld the validity of the tax deed and dismissed the Plaintiffs complaint.

The Plaintiff has appealed and presented several issues for review. However, the two issues which are controlling are (1) The chancellor erred in finding the Plaintiff had been served with process and (2) The chancellor erred in holding the description of the property in the notice of sale was sufficient to meet the requirements of the statute. Our review of the record reveals the Appellant is correct on both issues.

The facts relating to these two issues are not in dispute. The deed to the Plaintiff was made to Hugh Watson and wife, Jeanette Watson, and they resided in Sevier County at Greenback, Tennessee. There was also a Mr. Hugh J. Watson who owned some property in Sevier County but he resided at 116 Thornton Road in Oak Ridge, Tennessee. For some reason that is not explained in the record, the tax assessor’s records reflected this property to be assessed to Hugh Watson and Jeanette Watson, 116 Thornton Road, Oak Ridge, Tennessee. This same address was furnished to the county trustee and the clerk and master’s office. Consequently, when tax notices were mailed out each year they went to Mr. Watson in Oak Ridge and, although he took the notices to the tax assessor’s office and told them he did not own the property, the erroneous address was never corrected. Also, when the clerk and master mailed out the notice of delinquent tax sale it was mailed to this same address and returned “unclaimed.” When the tax suit was filed in the chancery court a summons was issued for Hugh and Jeanette Watson, with the same address on it, and sent to the sheriff of Anderson County. The summons was served on Mr. Hugh J. Watson, after which he went to the courthouse in Sevier County. He was not sure which office he went to, but after being directed to the office he thought was the proper one, he informed them he was not the one the summons was intended for. However, no other or further process or publication of process was made or issued for Plaintiff.

T.C.A. § 67-5-2414 provides that all suits for the sale of property for taxes “shall be prosecuted according to the rules of procedure of courts of chancery.” Rule 4, T.R.C.P., governs the issuance and service of process and T.C.A. § 21-l-203(a) provides some seven exceptions to the requirement of personal service in chancery cases, none of which is applicable to the case at bar. Section (b) of T.C.A. § 21-1-203 provides: “To dispense with process in any of the above eases, the facts shall be stated under oath in the bill, or by separate affidavit, or appear by the return.” None of these requirements was met in the case at bar. In the case of West v. Jackson, 28 Tenn.App. 102, 186 S.W.2d 915 (1944) the court set aside a tax deed for insufficient notice to the owner and in so doing the court said:

“Where the court has jurisdiction over the subject matter by actual or constructive notice to the taxpayer, then all questions must be settled in that cause (Code, Sec. 1609), but notice is essential. Code, Sec. 1591, supra. If no notice the decree is void, and the three year Statute of Limitation (Code, Sec. 1610) does not apply to a void decree. Tennessee Marble & Brick Co. v. Young, supra.”
Sfc * ⅜! * * #
“It is evident that although a proceeding in rem the procedure is the same as in any other Chancery cause — the defendant must be before the court by actual or constructive service of process. If this is not done, there would be a mere confiscation of property.” Id. at 917.

The principle followed in West has been followed in numerous other cases in this jurisdiction. See Naylor v. Billington, 213 Tenn. 614, 378 S.W.2d 737 (1964) and cases cited therein.

[526]*526Although we hold the deed to Mr. Watson is void by failure of process on the Plaintiff, another compelling reason why it must be set aside is an inadequate description of the property. T.C.A. § 67-5-2502 provides, as pertinent here:

“In the event of a sale under a decree of the court, the property shall be advertised in one (1) sale notice, which notice shall set out the names of the owners of the different tracts or parcels of land and which describes the property and sets out the amount of judgment against each defendant.”

The only description of the property given is a listing under “Sale No.” “2421.” Under the column “Assessor’s Tax Map or Description Parcel No.” there is listed “127-A-B-127 A-02600,” and under the column “Year,” is shown “1977,” and under “Dist.” column is “11.” Upon the trial of the case it was explained that the property was, in fact, Parcel 2421 as reflected on the map of the tax assessor for 1977.

T.C.A. § 67-5-806 provides:

“USE OF PROPERTY MAPS.

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Bluebook (online)
694 S.W.2d 524, 1984 Tenn. App. LEXIS 3192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-waters-tennctapp-1984.