Guidry v. Sigler
| Citation | 21 So.2d 232 |
| Decision Date | 05 March 1945 |
| Docket Number | 2678. |
| Court | Court of Appeal of Louisiana (US) |
| Parties | GUIDRY v. SIGLER et al. |
Thos Arthur Edwards, of Lake Charles, for appellant.
Preston L. Savoy, of Lake Charles, for appellees.
In the application for a rehearing, the defendants concede that the property involved in this suit was adjudicated to the state for nonpayment of taxes on August 5, 1931, and they contend that there is no need to remand the case for further proof on the tax sale. This admission brings up for decision on the appeal the question of whether or not the seizure and sale of the property under a judgment in favor of Sigler against the plaintiff in February, 1933, after the redemption period had expired, was null and of no effect for the reason that the title to the property was absolute in the state at the time this constable sale was made.
The sale of property belonging to another is null, Civil Code, Article 2452, and it necessarily follows that if, at the time the property was sold by the constable in 1933, the title was then in the state and the property then belonged to the state, the attempted sale by the constable conveyed nothing and the subsequent redemption of the property by the tax debtor could not give validity to a void sale.
At the time the property was adjudicated to the state, the plaintiff, as tax debtor, had one year in which to redeem the property (the amendment extending the redemption period to three years not being in effect), and consequently in August, 1932, the property became the property of the state, subject to control and disposition in such manner as the state saw fit to make of it. So when the constable attempted to seize and sell the property under a judgment against plaintiff in 1933, the property did not belong to the plaintiff, but belonged to the state. As was said in the case of Board of Commissioners v Concordia Land & Timber Co., 141 La. 247 at page 255, 74 So. 921, 925:
In the recent case of Lovell v. Dulac Cypress Co., 5 Cir., 117 F.2d 1, the court held that under the Louisiana tax redemption laws after the one year redemptive period has passed and before actual redemption of the property adjudicated to the state the state is the absolute owner of the property and can make such use and disposition of the property as it may see fit under its statutes; and until he actually redeems the property, the redemptioner has no right or title whatever in it. In other words, in the interim between the time the redemptive period expires and the actual redemption of the property, the absolute title is in the state and nothing done by or against the original owner or...
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