Nelson-Bey v. Robinson

• Decision Date: 03 December 1979
• Docket Number: No. 13405.,13405.
• Citation: 408 A.2d 999
• Parties: James C. NELSON-BEY, Administrator, Appellant, v. Jack ROBINSON et al., Appellees.
• Court: D.C. Court of Appeals

408 A.2d 999

James C. NELSON-BEY, Administrator, Appellant, v. Jack ROBINSON et al., Appellees.

No. 13405.

District of Columbia Court of Appeals.

Argued December 7, 1978.

Decided December 3, 1979.

Robinwyn D. Lewis, Washington, D.C., for appellant Myrtle Steele, now deceased.

Charlotte Hallam, Washington, D.C., with whom Margaret A. Beller, Washington, D.C., was on the brief, for appellees Jack Robinson, Thomas Robinson, and William Robinson.

Louis P. Robbins, Acting Corp. Counsel, Washington, D.C., at the time the brief was filed, Robert E. McCally and Richard W. Barton, Deputy Corp. Counsel, Henry E. Wixon and Richard M. Tarby, Asst. Corp. Counsel, Washington, D.C., entered appearances and filed a brief in behalf of appellees Back and Washington.

Before GALLAGHER and MACK, Associate Judges, and YEAGLEY, Associate Judge, Retired.

YEAGLEY, Associate Judge, Retired:

Appellant James C. Nelson-Bey is the administrator of the estate of Myrtle Steele, who was owner of the real estate which is the subject of this suit. Appellant seeks reversal of the trial court's finding that decedent failed to prove by a preponderance of the evidence legal disability under D.C. Code 1973, § 47-1003, so as to toll the statutory period for redemption of property sold subject to a tax levy. Appellant contends that the trial court erred (1) in holding decedent to a standard of proof higher than "preponderance of the evidence"; (2) in determining that "legal disability" could only be established with expert testimony; and (3) in concluding that decedent was not legally disabled during the period of redemption. We affirm.

The tax deed sale which is the subject of this suit arose from decedent Myrtle Steele's failure to pay the 1974 taxes assessed against the property at 1365 Florida Avenue, N.E., which she owned and where she lived for over 50 years. To collect these unpaid taxes, appellees Back and Washington, acting for the District of Columbia, sold the property on January 24, 1975 to appellees Jack Robinson, Thomas Robinson, and William Robinson, and issued a tax deed to them on July 16, 1977. There is no claim that there was any error or defect in the tax sale proceedings on the part of the District of Columbia.

Since, in the District of Columbia, the statutory period for redemption of property sold for nonpayment of taxes is two years (D.C.Code 1978, § 47-1003), an attempt to redeem this property after January 24, 1977 would usually be barred. However, decedent, instituting suit on August 29, 1977 to set aside the tax deed, invoked an exception to the two-year time limitation available to persons under "legal disability" (D.C.Code 1978, § 47-1008). The trial court, sitting without a jury, found that decedent did not prove that a § 1008 legal disability existed at any time before the redemption period expired, and dismissed the suit on its merits. This appeal is from that order.

On April 2, 1979, a suggestion of death of Myrtle Steele was filed with this court. James C. Nelson-Bey, who had been appointed conservator for Myrtle Steele on June 29, 1977, and who is the administrator of her estate, was substituted as party appellant by a July 19, 1979 order of this court.

With regard to the first issue, we do not find that the trial court held decedent to a standard of proof higher than "preponderance of the evidence." The record reflects that during the closing arguments the court asked counsel for appellees whether or not the standard of proof on the issue of disability should be the same as in other civil cases, and counsel responded affirmatively. Additionally, in its findings the court repeatedly spoke in terms of "preponderance of the evidence," and there is no evidence that any other standard was used. Appellant's arguments to the contrary, based on the fact that the trial court expressed great concern with protecting the rights of a tax sale purchaser, do not demonstrate that the court imposed a higher standard of proof than "preponderance of the evidence."

We also find to be without merit appellant's contention that the trial court incorrectly assumed that expert testimony was required to prove legal disability. In its findings the court examined what evidence there was of disability and found that "she was deficient in some respect insofar as her affairs are concerned." Alluding to the appointment of a conservator, the court said: "But prior to that time, there is no proof as to when that condition arose . . ." It found that she withdrew money from her savings account to put in her checking account and that she paid most of her bills. Taking the court's remark in context that "[i]t would have been helpful if we had expert testimony", we must disagree with appellant that the court found against decedent because she failed to present expert testimony.

We turn now to the only remaining question: Whether or not the court's finding that the evidence failed to establish legal disability was clearly erroneous. This inquiry raises the issue of what the term "legal disability" in the context of D.C.Code 1973, § 47-1003, means. The term is not defined by statute nor has it been interpreted in previous cases in this jurisdiction. Appellant contends that the definition of "legal...