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PAUL B. OSBORN, ET UX. v. LAMAR ALLEN HARRISON

MARCH 14, 1984

PAUL B. OSBORN, ET UX.
v.
LAMAR ALLEN HARRISON, ET UX.



BEFORE WALKER, HAWKINS AND ROBERTSON

HAWKINS, JUSTICE, FOR THE COURT:

Paul B. Osborn and his wife Mildred M. Osborn have appealed from a decree of Chancery Court of the Second Judicial District of Hinds County cancelling a tax deed to them for 40 acres.

The only issue we address on this appeal is whether the chancellor erred in holding Lamar Allen Harrison and

 his wife Marceil Harrison, the holders of the record title, made a reasonable effort to redeem the land within the two-year redemption period. We find the chancellor was correct, and affirm.

 On November 24, 1976, Robert W. Hines and his wife conveyed 200 acres of land in the Second Judicial District of Hinds County to the Harrisons. At the time the Hines lived at 4812 Oxford Drive in Mobile, Alabama, and Mr. Hines was an employee of Harrison's. The Harrisons lived then, and at the time of the trial, in Wilmer, Alabama. The deed was filed with the Chancery Clerk on January 14, 1977, and recorded on the land deed records. On September 30, 1978, 40 acres of this 200-acre tract, and the land in controversy, was struck off and sold to Osborn for deliquent 1977 taxes.

 The Harrisons experienced some difficulty getting information about their taxes, and unfortunately relied upon an Alabama attorney to assist them. Failing to be satisfied, Harrison telephoned the Tax Collector's Office in Raymond and the Chancery Clerk's Office in Raymond on February 28, 1980, inquiring what was owed. Harrison was told what he owed, and on February 28, 1980, he sent a check in the amount of $274.91 to the Tax Collector of Hinds County. The check stated it to be" prop. tax 4967-0996-000, 4967-0997-000, 4967-0998-000. "Soon thereafter he received a letter by the deputy clerk, as follows:

 FEBRUARY 28, 1980 MR. LAMAR E. HARRISON P.O. BOX 143 WILMER, ALABAMA 36587

 Dear Mr. Harrison:

 The taxes due on your property is as follows:

 1977 Taxes-Sale #104 Par. #4967-996 - 201.32

 1978 Taxes-Sale #112 Par. #4967-996 - 175.97

 Make check payable to Pete McGee, Chancery Clerk, and mail to above address.

 On payment of same Redemption Certificates will be ...


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