Langley v. Cox

• Decision Date: 12 March 1929
• Docket Number: Case Number: 18667
• Citation: 135 Okla. 291,275 P. 638,1929 OK 113
• Parties: LANGLEY v. COX et al.
• Court: Oklahoma Supreme Court

1929 OK 113

275 P. 638

135 Okla. 291

LANGLEY v. COX et al.

Case Number: 18667

Supreme Court of Oklahoma

Decided: March 12, 1929

Syllabus

¶0 1. Statutes--Validity--Title of Act Restricting Operation to Certain Class and Body of Act Including All Classes.

Where the title to an act of the Legislature restricts the operation thereof to a certain class and the body of the act includes all classes, the act thereof will be upheld to the extent of restricting the same to the class named in the title.

2. Pleading--Sufficiency of Petition as Against General Demurrer.

A petition is not subject to a general demurrer where it alleges facts that would entitle the plaintiff to partial relief thereunder.

Error from District Court, Love County; John B. Ogden, Judge.

Action by L. M. Langley against J. R. Cox et al. Judgment for defendants, and plaintiff brings error. Reversed, with directions.

Twyford & Smith, Ledbetter & Brown, and Leo G. Mann, for plaintiff in error.

Wilkins & Wilkins, for defendants in error.

LESTER, V. C. J.

¶1 The parties to this appeal occupy the same position as in the district court, and they will be referred to as they appeared there.

¶2 The plaintiff brought an action to foreclose certain alleged tax liens on real estate located in Love county, Okla. Certain defendants filed a general demurrer to the plaintiff's petition, which was by the court sustained. The plaintiff elected to rest upon the sufficiency of his petition, and judgment was entered in favor of said defendants.

¶3 The petition in the instant case was filed in the district court of Love county on the 8th day of February, 1926, and the petition shows that the plaintiff proceeded in said cause under and by virtue of chapter 12, Session Laws 1925. The title to said act reads as follows:

"An Act providing for the enforcement of tax liens on lands and town lots, by foreclosure proceedings, where the tax sale certificates, tax deeds, or any of the proceedings relating thereto are void, voidable, or defective, and for a disposition of the proceeds of sales thereunder, and for the redemption of such lands and town lots."

¶4 Section 1 of said act provides:

"Any person holding a tax sale certificate or tax deed heretofore or hereafter issued for delinquent taxes legally levied and assessed, together with the penalty and costs due on the land described therein, shall have a lien on said land for such taxes, penalty and costs, and all subsequent taxes paid thereon by him and those under whom he holds, and all accruing penalties, and for the value of all improvements placed thereon by such lienholder and those under whom he holds or claims, which lien shall be superior to any other lien, except that of the state and junior tax sales, and may be enforced by such lienholder by a civil action in the district court of the county wherein said land lies, or in any action in such court concerning said land in which such lienholder may be made a defendant; in which every person having an interest in said land, as shown by the records in the offices of the county clerk and court clerk of said county, shall be made a party; and all the proceedings in such action, so far as applicable and not inconsistent with the provisions of this act, shall be the same as now provided by law for the foreclosure of mortgages on real estate and sales thereunder; Provided, that the decree rendered in such action may contain the order of sale, directed to the sheriff of said county, commanding him to advertise and sell said lands without appraisement, and to make a return of his proceedings thereunder within 60 days from the date thereof, which shall be sufficient authority for the sale of said land, and no other order of sale shall be necessary; and provided, further, that any number of tracts of land upon which lienholder shall have said lien may be united in one suit, in which suit each of said tracts of land shall bear its proportional share of the costs of such suit, calculated upon the amount for which it shall sell. Provided, further, that no such action shall be brought on any tax sale certificate within 2 years from the date of the sale mentioned therein."

¶5 It is contended by the defendant in said action that said act is unconstitutional and void for several reasons, among them being that the title of said act limits the right of action to certain classes of tax certificates or deeds, whereas the body of the act includes the right of action on all tax deeds and certificates.

¶6 The limitation placed in the title to said act is as follows:

" * * * Where the tax sale certificates, tax deeds, or any of the proceedings relating thereto are void, voidable, or defective."

¶7 We shall not discuss the policy or the wisdom of the act in question. It is sufficient to state that said act was entirely repealed by Senate Bill 146, chapter 37, Session Laws 1927. However, the instant action was commenced prior to said repeal.

¶8 An examination of the plaintiff's petition reveals that it is defective, but not subject to a general demurrer, unless it be declared that section 1, chapter 12, Session Laws 1925, is wholly unconstitutional and void.

¶9 The title to said act indicates that foreclosure liens brought...